Bombay HC Asks BMC To Explain Its Authority To Impose Spot Fine During Pandemic

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Synopsis

The division bench questioned the authority to impose fines on the people for violating mask mandates during the then subsisting pandemic.

A division bench of the Bombay High Court comprising Chief Justice Dipankar Datta and Justice Madhav Jamdar asked the parties to explain the authority for mandatory masks and fines collected by Municipal Corporation.

The petitions were filed before the High Court for the prosecution of former Chief Minister Uddhav Thackrey for vaccine mandates and refund of fines collected for mask mandates.

The advocate for the petitioner argued before the court that by revoking the order of mask mandate it is impliedly admitted that the mandate was unlawful.

The court in its order stated that the parties should “address us on the point of the authority of the respondents to collect spot-fines from the violators of directives issued by the Municipal Corporation with regard to wearing of the mask during the then subsisting pandemic.”

Case Title: Sohan Rajeev Agate & Anr. vs State of Maharashtra & Ors.