Mohammad Jamal & ORS. v. Union Of India & ORS.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (CRL.) 838/2020 MOHAMMAD JAMAL AND ORS.
..... Petitioners Through:
Ms. Rebecca John, Senior Advocate with Ms.
Ashima Mandla & Ms.Mallika Hiremath, Advocates.
Mr. S. Hari Haran, Advocate.
versus UOI AND ORS.
..... Respondents Through:
Mr. Amit Mahajan, Advocate for respondent No.1/ UOI.
Mr. Rahul Mehra, Standing Counsel and Mr. Chaitanya Gosain, Advocate with Dr. Joy Tirkey, DCP, for respondent/ GNCTD.
+ W.P. (CRL.) 839/2020 and CRL.M.A. No. 6793/2020 SHAMSUL QAMAR HAYAT, BRITISH CITIZEN & ORS.
..... Petitioners Through:
Mr. Tahir, Advocate.
versus UOI AND ORS.
..... Respondents Through:
Mr. Amit Mahajan, Advocate for respondent No.1/ UOI.
Mr. Rahul Mehra, Standing Counsel and Mr. Chaitanya Gosain, Advocate with Dr. Joy Tirkey, DCP, for respondent/ GNCTD.
CORAM
HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
O R D E R
% 28.05.2020 CRL.M.A. No.6906/2020 1.
This application has been moved by the petitioners to disclose the places for alternate accommodation of 955 foreign nationals from institutional quarantine centres to such alternate accommodation. The applicants have stated that the costs incurred for providing the alternate accommodation, as well as the allied facilities within the suggested centres shall be borne by the community - as already undertaken before this Court, and the respondents shall not be burdened with any financial liability. 2.
Ms. John, on instructions, states that the eighth facility mentioned in the tabulation contained in the application, namely, Embassy of Thailand may be deleted. Consequently, there are eight facilities brought on record - which have been mentioned in the list, which are as follows: S.
No.
Contact person Phone Number 1.
Jamiat UlemaHind Name Address Approx.
Capacity 1 Bahadur Shah Zafar Marg, New Delhi 200 persons Maulana Kaleemuddin 8076355560 2.
Haj House Turkman Gate 200 persons Aarifeen 9212583583 3.
Zayed College Kalindi Kunj Road, Oakhla 200 persons Haafiz Muhammad Salman 9540365979 4.
HR School Zakir Nagar 80 persons Haafiz AnwarulHaq 9911525722 5.
MS Creative School Sitaram Bazar 75 persons Aarifeen 9212583583 6.
MS Creative School Zakir Nagar West 150 persons Asad Abbasi 9818635683 7.
Meraaj International School (Couples) Laxmi Market, Aram Park, Opp.
SBI, Khureji 100 persons M Azad 9810392859 8.
Axle School Azad Market 50 persons Abdul Ghaffar 9810933786 Total: 1055 persons
3.
Mr. S. Hari Haran, who appears for the petitioners - who were impleaded as party petitioners on the last date - while allowing Crl.M.A. No.6803/2020, states, on instructions, from the Malaysian Embassy, that as far as the 125 Malaysian Nationals are concerned, arrangements for their stay would be made by the Malaysian Embassy at Hotel Smart Plaza, Mahipalpur, New Delhi.
4.
Mr. Mehra has, firstly, stated that till date 47 charge-sheets have been filed in respect of 910 foreign nationals belonging to 35 countries. Mr. Mehra states that Delhi Police has no objection to the aforesaid eight places suggested by the petitioners, as well as to the request made by the Malaysian Embassy for housing the Malaysian Nationals at Hotel Smart Plaza, Mahipalpur, New Delhi. These facilities have been verified by the Revenue Department of Government of NCT of Delhi.
5.
Mr. Amit Mahajan, learned Senior Standing Counsel for the Union of India (UOI) states that the UOI has no objection to these foreign nationals being shifted to the centres, as aforesaid.
6.
We, therefore, allow the shifting of the said foreign nationals to the aforesaid eight facilities, and to Hotel Smart Plaza, Mahipalpur, New Delhi in respect of the Malaysian Nationals. The petitioners and the respondents shall coordinate, so that complete log is maintained of each of the foreign nationals regarding the facilities to which they are shifted. 7.
Ms. John, on instructions, states that the said foreign nationals shall continue to remain at the facilities to which they are shifted, and shall not shift their location without prior permission.
8.
Mr. Tahir, learned counsel who appears for the petitioners in W.P.(Crl.) No. 839/2020, has also taken instructions and he is agreeable to this arrangement being made.
9.
Accordingly, we dispose of these petitions with a direction that the 995 foreign nationals in question be shifted to the aforesaid facilities from the institutional quarantine centres. The petitioners and the Delhi Police shall co-ordinate as to which of them is being shifted to which of the facilities. The foreign nationals shall remain at the facility to which they are shifted, and shall not shift to any other location, without prior permission of Delhi Police. We make it clear that our order shall merge in the order that the learned Magistrate may pass - before whom the charge-sheets would be filed, in case the said foreign nationals approach the concerned Magistrate for grant of bail.
10.
Both the petitions stand disposed of in the aforesaid terms. VIPIN SANGHI, J RAJNISH BHATNAGAR, J MAY 28, 2020 B.S. Rohella