Days after the Maharashtra government and Brihanmumbai Municipal Corporation (BMC) made the wearing of face masks voluntary, a PIL has been filed in the Bombay High Court (HC) challenging the validity of state government’s earlier SOPs to continue restrictions against citizens who are not fully vaccinated against COVID-19.
Hearing a PIL that had challenged continuation of restrictions on travel by public transport, including trains, for those who are not fully vaccinated, bench was told that they had been withdrawn. The petitioners' advocate, Nilesh Ojha, said: "All citizens are grateful to this court. The state has withdrawn all restrictions." At this, the judges asked if the PIL will be withdrawn.
Meanwhile, the petitioner then drew their attention to another point in the PIL about the state "illegally" collecting fines which should be returned.
However, after the petitioners said that since the state has lifted restrictions, one aspect of the plea was seeking returning the money collected towards fine. Responding to this, the high court said that it is yet to be decided.
A division bench of Chief Justice Dipankar Datta and Justice Makarand S Karnik, while hearing the plea on Tuesday, April 5, said that it will decide by June-end whether the fine collected by the BMC from people not wearing masks was illegal after the civic body filed a detailed affidavit stating its position on the same.
Also Read: Mumbaikars Cannot Be Penalised For Not Wearing Face Masks In Public Places
Explaining further, the court stated that while it will not get into the recovery issue as the concerned citizens can individually challenge the action by BMC clean-up marshals, it will consider the petitioner’s claim of the fine being illegal.
“Why should they get back the money through a PIL? Why can’t they themselves come and challenge the action initiated against them? Not all of these citizens who are fined by the civic body are poor people. There might even be rich people among these. So can’t the rich come to court and seek a refund?” the bench remarked.
The court will hear the PIL in July.
Also Read: Mumbai: Nearly 46 Lakh People Fined For Flouting Face Mask Norms In 2 Years
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