DELHI HIGH COURT LAW INSIDER IN

Delhi HC orders Delhi Govt. to send a UK returned family to home quarantine

Umamageshwari Maruthappan

The Delhi High Court directed the Delhi Government to send a family of four, who were under institutional quarantine, to home quarantine as they have tested Covid-19 negative.

The Single-Judge Bench of Justice Pratibha Singh also commented on the non-clarity of the guidelines prescribed by the Central Government. It also pointed out the contradictions in the guidelines of the Delhi Government and the Centre.

In view of the above observations, it directed the family to be in home quarantine instead of institutional quarantine.

“All these notifications are contradictory and there is no clarity as to which are applicable. There is no clarity whether the January 29 SOP continues to be in operation in view of the stand of the central government,” the Bench said.

“Since there is no clarity about the SOP and the petitioners (family) include two minor children below the age of 10 years, they shall remain in home quarantine instead of institutional quarantine. They shall strictly adhere to the quarantine norms,” it added.

The Bench also ordered the Delhi Government to instruct the IGI Airport “to display the current SOP prominently on its website, so that travelers are aware and there is no confusion.”

A petition was filed by a family against the Government’s mandate of institutional quarantine despite testing negative for Covid-19 virus. The family which includes two minor children had arrived from the UK to Delhi.

Advocate Ganesh Chand Sharma, Counsel for the petitioner, stated that according to the Government’s guidelines, institutional quarantine is necessary only if the travelers from the UK tested positive and not otherwise. The guidelines further exclude minor children from its rules.

It is reported that the family had undergone a Covid-19 test while leaving from the UK and received a “fit to fly” certificate.

After their arrival, they were kept in Vivanta Hotel, Dwarka at their costs even after the test results came negative.

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