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The Delhi HC seeks a reply from the government of Delhi on a plea challenging a provision which allows police officers of sub-inspector rank or above to impose fines on people found of violating the COVID-19 regulations.
The plea was filed by a lawyer on behalf of the petitioner Sonia Rana, where it was contended that imposing a fine amounts to granting punishment which can be only done by a judge, not a police officer.
A divisional bench of the Delhi High Court comprising Chief Justice D.N. Patel and Justice Prateek Jalan issued notice to the AAP government seeking its stand on the plea regarding the fine imposed by the police for the violation of COVID-19 regulations. The bench had refused to pass any interim orders for now staying operation of the regulation as it was sought by the counsel for the petitioner, Sonia Rana.
The counsel for the petitioner Advocate Dhananjay Singh Sehrawat, contended that such a provision regarding the COVID-19 regulations are against the principles of natural justice.
The PIL filed by the petitioner Ms. Sonia Rana, stated that “as per section 53 of the IPC (Indian Penal Code), 1860- Fine is a punishment. It has been established that punishment can only be awarded by a judge and not by a police officer, hence the said notification is violative of the principles of natural justice and is found to be violative of the principle of Audi Alteram Partem which is a principle of fundamental justice as an accused person would not be able to justify his part.”
Under the Delhi Epidemic Diseases (Management of COVID-19) Regulations of 2020, any authorised person is allowed to impose a fine of Rs 500 for the first time, following a fine of Rs 1000 for repeated violation of the COVID-19 regulations and quarantine rules when people are found not maintaining social distancing, not wearing masks, spitting in public places and consumption of tobacco products in the public places.
The petition has been filed for quashing of the provisions in the COVID-19 regulations which permits the police officers to impose fines for these violations.
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