Bombay HC asks BMC under which law it fined people for not wearing Covid mask

The High Court asked the BMC to explain under which provisions of law it had made masks mandatory and fined people for not wearing masks. The petitioner sought return of the money collected so far from the public as a fine for not wearing masks in public places.

Mumbai (Maharashtra):The Bombay High Court has asked the Brihanmumbai Municipal Corporation (BMC) to explain under the provisions of which law Covid-19 masks were made mandatory and fines were imposed on people for violations during the pandemic. A division bench comprising Chief Justice Dipankar Datta and Justice Madhav Jamdar raised this point while hearing petitions seeking a refund of fines collected by the authorities from people, who violated the Covid-19 norms. The petitioners also sought a probe against the then Chief Minister Uddhav Thackeray for misappropriation of public funds and forcing people to get vaccinated.

The HC sought an explanation from the BMC under which provisions of law masks were made mandatory and fines were imposed on people. The HC also directed the Municipal Corporation's lawyer Anil Sakhre to give detailed information about Section 2 of the Prevention of Epidemic Diseases Act. Under this section, powers have been conferred to devise special measures and to make special rules to prevent epidemics in case of an outbreak.

During the hearing, Chief Justice Datta said, "If a notification was issued by the BMC to contain the pandemic, that people have to wear mask and fine would be imposed for not wearing the mask, then that was for achieving greater good and court will not interfere." Senior advocate S U Kamdar said 'that the Supreme Court had recently stated that the vaccination drive launched by the Central government could not be blamed as it was right and justified given the ongoing pandemic.' The petitioner urged the court to direct the state and municipal authorities to return the money collected so far from the public as a fine for not wearing masks in public places.