The Madras High Court ruled on Thursday that Chennai Metro Co., Ltd. has no right to impose fines on passengers who do not wear masks, and shelved the CMRL’s earlier order to impose and collect 200 rupees from such persons as fines. The order was made in the context of the Covid-19 pandemic, may have been issued for the public interest, and its intentions may be good. But CMRL has no jurisdiction or power to do so, Chief Justice Sanjib Banerjee and Justice PD Audikesavalu said.
Regarding the refund of the fines collected to the persons concerned, the judge allowed CMRL to keep it because the amount of Rs 87,000 was small. In addition, it is almost impossible to determine who was fined. The substitute said that even such people may no longer be interested in restoring the same things. The court allowed R Muthukrishnan to file a PIL petition. He challenged the CMRL press release issued on April 10 this year, announcing that passengers who did not wear masks would be fined 200 rupees from the next day.
The court instructed CMRL to refund 3,600 rupees collected from 18 passengers without masks who were arrested before submitting the petition on April 23. He added that the money can be remitted to Tennessee’s free legal aid agency. The judge pointed out that the State Department of Health and Family Welfare has issued a communiqué notice on September 4, 2020 that it exercises government powers under Article 138-A of the Tamil Nadu Public Health Law of 1939, and certain types of introduction are subject to fines. Crimes.
“There is no need to discuss the authenticity of such regulations or the laws introduced in this regard or subsequent regulations. Obviously, although it is assumed that the regulations or subsequent promulgation are effective, if there is no law governing it and clearly stipulating the imposition of penalties Jurisdiction, CMRL cannot misappropriate the power to impose such penalties,” the judge said.
News Source : The Indian Express
