New Delhi: The Delhi HC today issued a notice in a plea seeking quashing provision empowering police officers of sub inspector rank or above to impose fines on anyone violating the Delhi Epidemic Diseases (Management of COVID19) Regulations, 2020.
A divisional bench of the Delhi High Court comprising Chief Justice Mr. D.N. Patel and Justice Prateek Jalan, while hearing the matter through video conferencing noted that “…it was needed.”
While the counsel appearing for the petitioner tried to submit something before the court with regards to admission of the matter, the Chief Justice stopped the counsel by saying that “we have read the papers, it is needed.”
The Chief Justice, while addressing the petitioner’s counsel, further added: “Your drafting is so good that we have issued the notice.”
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The Public Interest Litigation filed by Ms. Sonia Rana stated that “…as per section as per section 53 of the Indian Penal Code, 1860, Fine is a punishment. It is established that punishment can only be awarded by a judge and not by a police officer, hence the said notification is against the principles of natural justice and will 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.”
– India Legal Bureau