JUSTICE Brassington Reynolds ruled on Thursday that the Ministry of Public Health’s decision to quarantine overseas-based Guyanese student Khalid Gobin upon his arrival here from Barbados was in keeping with the directives issued by President David Granger, pursuant to the Public Health Ordinance.

The judge made the ruling in the case which was brought against the Attorney-General, the Chief Medical Officer, and the Chief of Staff of the Guyana Defence Force by Khalid Gobin.

The application was filed by attorney-at-law Sanjeev Datadin, while the state was represented by AG Chambers. The applications had sought an order of Habeas Corpus ad Subjiciendum that Khalid Gobin was being unlawfully held by the State. Datadin had contended that the State had breached his client’s fundamental right to free movement and liberty, and subjected him to inhumane conditions.
However, the AG Chambers in a written submission to Justice Brassington Reynolds before addressing the facts of the matter, drew the High Court’s attention to the facts surrounding COVID-19, a global pandemic.

The AG chambers told the court that President Granger, on March 16, 2020, issued directives pursuant to the Public Health Ordinance, in which he empowered Minister of Public Health Volda Lawrence to take strategic action so as to maintain the well-being of the nation. Based on the orders issued by the Head of State, the Public Health Minister is empowered to transform one or more hospitals or camps, in any part of the country, for the reception, isolation and treatment of persons suffering from COVID-19.

The President also declared that the Minister of Public Health shall take measures to restrain, segregate and isolate persons suffering from the disease, or who may be likely, from exposure to the infection, suffer from the disease.

More importantly, it was noted that Khalid Gobin is still within the 14-day incubation period as sanctioned by the Public Health Ministry, and as such remains under observation. Justice Reynolds in his ruling held that he was satisfied that the measures invoked under the Public Health Ordinance are not arbitrary, and the facility in which the young man was being kept reaches international standards.

According to the judge, Khalid Gobin placed himself on a plane for three hours, and as such, subjected himself to be quarantined. Thus, the orders sought by Datadin were refused and the writ of habeas corpus dismissed. However, Datadin said that he disagrees with the ruling of Justice Reynolds and explained that his application before the court did not in any way question the validity of the President’s order.
This, the attorney said, led to the judge’s decision being wrong in law. To this end, Datadin said he will be filing an appeal at the Full Court. He stressed that while he is not asking for freedom of movement over 27 persons, including his client, are being kept in a big, open facility and this is unacceptable. These persons, he said, are made to sleep on bunk beds, use the same toilets and other facilities, and most importantly, have not been tested at all for COVID-19.
“If anyone there is positive, they will all be,” the attorney stressed. Moreover, he revealed that internet connection has been removed from the facility so as to prevent persons from posting pictures of the living conditions via social media.