Swarna Shukla-
Published On: November 11, 2021 at 21:02 IST
The Madras High Court held in a Public Interest Litigation (PIL) filed against Chennai Metro Rail Limited challenging their Press Release that imposes a fine of Rs 200/- for those not wearing face masks inside any metro station.
A Division Bench of Chief Justice Sanjib Banerjee and Justice P.D Audikesavalu ruled, “Whatever has been the intentions, when the action is confiscatory in nature as the imposition of a fine or penalty, it has to be backed by the due sanction of law.”
Advocate Jayesh B Dolia, representing Metro Rail Corporation contended that the organization derives the power to collect fines from passengers under Section 6(2)(i) of the Metro Railways (Operation & Maintenance) Act 2002.
The Petitioner R. Muthukrishnan appeared in person and pointed that Section 79 discuss ‘endangering the safety of persons travelling by metro railway by willful act or omission’ does not confer any power to impose fines upon the wrongdoers.
According to the Counsel, 13 Metro Rail Administrations around the nation have used their authority under Section 6(2) I of the Act to collect Penalties from persons who do not wear a facemask.
As per the Court, Section 6 powers can only be used to carry out Metro Rail Administration’s responsibilities under Section 5 of the Act.
And by a Press Release by CMRL, it was necessary to contain the pandemic as directed by Greater Chennai Corporation under the Tamil Nadu Public Health Act. The Press Release also cited the Tamil Nadu Government’s order imposing a spot fine of Rs 200/- for anyone found without face masks in public.
Moreover, the Court admitted the submission by CMRL that State Government introduced certain categories of offences via Ordinances according to Section 76 of Tamil Nadu Public Health Act, 1939, exercising the powers to compound offences under Section 138 of the same act.
Chief Justice Sanjib Banerjee ruled that the Writ Petition has been substantially allowed by setting aside the Press Release of CMRL dated April 10, 2021. However, a substantial amount of money has been collected as fines according to the Press Release, the Court allowed CMRL to retain the said amount and appropriate the same.
Also Read: Why was PMLA introduced?
New Labour Codes of 2020: A Critical Study