Mumbai: HC asks govt to look into cases registered for not wearing mask

Considering that the “situation of the pandemic prevalent as of January 2021 and the prohibitions imposed then are no longer present”, the Bombay High Court (HC) has asked the Maharashtra government to “look into” what can be done in cases filed against persons for not wearing a mask during the pandemic. A division bench of Justices Nitin Jamdar and Nitin Borkar recently directed the prosecution to place a copy of the order before the secretary of the Home Department, “for consideration.”

The HC was hearing a petition filed by Yogesh Khandare seeking the quashing of an FIR filed against him in January 2022 by the Dahisar police station under various sections of the Indian Penal Code including unlawfully and negligently spreading infectious diseases. The police contended that he and five others were caught in a public place without masks. Pratiksha Shetty, Khandare’s advocate, argued that he was not with the five people and the allegation is of not wearing a mask. She said he is a student who intends to pursue his studies and career.

The court said: “We can visualise the difficulties expressed by the petitioner regarding the pending prosecution and the effect of the same on his education. However, we have to be mindful of the scope of jurisdiction which we are called upon to exercise.” The judges asked public prosecutor Aruna Pai regarding the prosecution's stand in the case, “as the situation of the pandemic prevalent as of January 2021 and prohibitions imposed then, is no longer present and we find that in many cases prosecutions have been launched for not wearing a mask”.

Pai replied that since the prosecution is launched and the charge sheet is filed, he can apply for a discharge in the case. “However, the state can look into the course of action to be adopted for the offence (of not wearing a mask) such as the one in the present case,” said the court. The HC has kept the matter for hearing on September 13.