The Delhi High Court on Tuesday sought response of the AAP government on a plea challenging a provision which empowers police officers of sub-inspector rank or above to impose fines on anyone violating COVID-19 regulations.
A Bench of Chief Justice D.N. Patel and Justice Prateek Jalan issued notice to the Delhi government seeking its stand on the plea by a lawyer, who has contended that imposing of a fine amounts to handing down a punishment which can only be awarded by a judge, not a police officer.
The Bench, however, declined to pass any interim orders for now staying operation of the regulation as was sought by counsel for petitioner — Sonia Rana.
Advocate Dhananjay Singh Sehrawat, appearing for Rana, contended that in view of such a provision in the regulations, it was against the principles of natural justice.
Under the Delhi Epidemic Diseases (Management of COVID-19) Regulations of 2020, an authorised person is empowered to impose a fine of ₹500 for the first time and a further fine of ₹1,000 for repeated violation of quarantine rules — not maintaining social distancing, not wearing masks, spitting in public places and consumption of tobacco products in public places.
The petition has sought quashing of the provision in the regulations which empowers police officers to impose fines for these violations.
