COVID-19: PIL filed in Supreme Court against confinement order of administration sealing residential society 

Mohd. Fuzail Khan, a resident of Gateway Towers, Sector 4, Vaishali, Ghaziabad, UP has filed a PIL in Supreme Court seeking quashing of confinement order of Incidental commander whereby the entire residential society of the petitioner has been sealed as one resident was found COVID-19 positive, a report in India Legal said.

Khan has claimed that the residents of the entire society have been put under wrongful confinement and the administration has barricaded the society with police at the gates as if the people residing in the flats have committed some offence and the order of the Incident Commander dated June 3, 2020, does not even have a exit plan or any future plan who to deal in the coming days.

On 29.5.2020 one COVID-19 positive case was detected in the society and the matter was brought before the notice of the district administration he was referred to a private hospital and his wife his child and his mother were tested COVID 19 negative. That after a period of 6 days the district administration on 3rd of June 2020 has come out with a notification issued by the incident commander/additional district magistrate declaring the gateway towers as a seized premises thereby restricting the complete movement of the residents of the society and has sealed the entire premise, the petition stated.

The PIL preferred on the ground that the executive order is a violation of the basic fundamental rights of the citizens is illegal and arbitrary it 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.

The executive order is passed in haste and without a proper understanding of the law and ground realties and has been made in such a manner that only deprives the citizens of his/her basic fundamental rights, the petition further said.

The petitioner Mohd. Fuzail Khan is a practicing advocate and a member of the Supreme Court Bar Association and is having a standing of 15 years in the bar.