Bombay High Court (File) THE BOMBAY High Court on Tuesday said it will decide by June-end whether the fine collected by the Brihanmumbai Municipal Corporation (BMC) from people not wearing masks was illegal after the civic body filed a detailed affidavit stating its position on the same.
A division bench of Chief Justice Dipankar Datta and Justice Makarand S Karnik was hearing a PIL challenging the validity of Maharashtra government’s earlier SOPs to continue restrictions against citizens who are not fully vaccinated against Covid-19.
However, after the petitioners said that since the state has lifted restrictions, one aspect of the plea seeking returning the money collected towards fine is yet to be decided. The court said 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.
Government Pleader Priyabhushan P Kakade told the bench that the state has withdrawn all the restrictions, including those put on availing public transport and that the use of face masks has been made voluntary, though advisable.
Advocate Nilesh Ojha, representing petitioner Feroz Mithiborwala, submitted that the aspect of extortion and illegal collection of fines is yet to be decided and the same was done arbitrarily. “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.
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