HC seeks Delhi govt reply on plea challenging police’s power to levy fines for Covid-19 violations

A bench of chief justice DN Patel and justice Prateek Jalan issued a notice to the government seeking its stand on the plea by advocate Sonia Rana, who has contended that imposing a fine is tantamount to the handing down of a punishment and that can only be done by a judge and not a police officer.

The Delhi high court on Tuesday sought the response of the Delhi government on a plea challenging the provisions that empower police officers, of the rank of sub-inspector rank or above, to impose fines on persons violating the Covid-19 regulations.

The Delhi government empowered the police to impose the fine and collect the penalty on the spot in order to ensure that people follow the rules, which would help contain the spread of the Covid-19 pandemic (HT photo)

A bench of chief justice DN Patel and justice Prateek Jalan issued a notice to the government seeking its stand on the plea by advocate Sonia Rana, who has contended that imposing a fine is tantamount to the handing down of a punishment and that can only be done by a judge and not a police officer.

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Under the Delhi Epidemic Diseases (Management of Covid-19) Regulations of 2020, the Delhi Police officers have been empowered to impose a fine of ₹500 for a first time violation of a Covid-19 regulation -- offences include not maintaining social distancing, not wearing masks, spitting in public places and consumption of tobacco products in public places -- and a fine of ₹1,000 for a repeat violation.

The bench, however, refused to issue any stay order on the enforced regulations even as advocate Dhananjay Singh Sehrawat contended that the provisions were against the principles of natural justice.

The plea said it was an established law that a complainant herself cannot be an investigation officer and in the present regulation, a police officer has de facto been labelled a judge. It said due to these provisions, punishment is being awarded by a police officer who is a complainant and an investigation officer, which is against the principles of natural justice.

In the primary legislation, the Motor Vehicle Act empowers an officer to collect the fine. However, in the Epidemic Act, there is no provision which allows this. The next date of hearing is on August 21.