The Supreme Court on Friday directed the District Magistrate of Ghaziabad to ensure Central guidelines be followed with respect to containment zones.
The bench comprising Justice Ashok Bhushan, Justice Sanjay Kishan Kaul and Justice MR Shah was hearing a petition filed by Advocate Fuzail Khan seeking quashing of confinement order of Incident commander (Additional District Magistrate, Ghaziabad) whereby the entire residential society of the petitioner in Ghaziabad was sealed as one of the resident of the Society was found COVID-19 positive.
The petitioner in his petition stated that on May 29, one COVID-19 positive case was detected in the society and the matter was brought before the notice of the district administration. Thereafter he was referred to a private hospital and his wife, child and mother tested negative for COVID 19.
Thereafter a period of 6 days, the district administration on June 3 came out with a notification issued by the incident commander/additional district magistrate declaring the gateway towers as a seized premises thereby restricting complete movement of the residents of the society and sealed the entire premises.
The petitioner preferred the petition on the ground that the executive order is violative of the fundamental rights of the citizen and is illegal and arbitrary takes away the rights which are given to the citizens of this country under the phase called “UNLOCK 1” issued by the Government of India.
On June 11, after the high rise was de sealed, one of the prayers of the petitioner was withdrawn.
On Friday the Supreme Court disposing of the petition said, “we have no doubt that the District Magistrate, Ghaziabad shall ensure that national guidelines are followed.”
Read the petition here;
writ-petition-vaishali-1Read the Apex Court Order here;
12282-2020-36-318-22526-Order-12-Jun-2020-India Legal Bureau