Zubair Qureshi
The Islamabad High Court has turned down a petition filed by a Lahore-based lawyer who wanted to meet her brother quarantined at the Haji Camp after his return from abroad.
In an 8-page judgment issued Saturday, Chief Justice of the IHC Justice Athar Minallah held that the state “owes a duty of care towards every quarantined passenger, particularly those who cannot afford to stay in the designated hotels.” The court however offered the petitioner to choose whether she wanted her brother to stay at hotel instead of Haji Camp.
The petitioner Beenish Khalid had alleged that conditions at the Haji Camp were deplorable and that the inmates were being dealt with as if they had committed some criminal offence. She had further submitted that on arrival from Thailand on April 14, her brother Waqas Khalid was not asked if he was willing to stay at a designated hotel or the state-run quarantine and was simply taken to Haji Camp. She also requested the court to allow her to see her brother.
Deputy Attorney General Syed Muhammad Tayyab on the occasion submitted that each passenger coming from abroad was given the option to either stay at hotel or government run isolation centres. Waqas Khalid himself expressed his willingness to stay at the Haji Camp, said Syed Tayyab.
It may be mentioned here that according to new SOP, international passengers on their return have to spend seven days in quarantine. Those opting to stay at hotels will have to bear expenses of their stay, transportation and food etc the hotel. These hotels are offering quarantine period on discounted rates.
Assistant Commissioner (Saddar) Sardar Gohar Zaman also submitted copy of the SOP which have been prescribed to deal with passengers arriving from abroad.
He also stated that an option was given to all the passengers to stay at a hotel but the petitioner’s brother preferred to be kept at the State expense in the Haji Camp.
After hearing the arguments from both sides Justice Athar Minallah turned down the petition observing “It is the duty of the State to ensure that conditions in the quarantine centres meet the minimum threshold of the constitutionally guaranteed rights under Articles 9 and 14 of the Constitution. This duty is more onerous towards the less privileged who cannot afford to be detained in the quarantine centres established in the designated hotels.”
Justice Minallah also observed that the threat of outbreak of the virus and its consequences could not be overstated. The nation States across the globe have taken the challenges seriously that have arisen due to the invisible and deadly virus while those who did not have regretted publically.
The court while disposing of the petition directed the authorities to ensure that the conditions at the Haji Camp, Islamabad were scrupulously monitored and each quarantined passenger is treated in accordance with the constitutionally guaranteed rights, inter-alia, under Articles 9 and 14 of the Constitution.
The court also directed Deputy Commissioner, Islamabad to nominate an official to visit the quarantine centre established at the Haji Camp and meet the quarantined inmates and ensure that the living conditions are in conformity with the constitutionally guaranteed rights.
