Video viral raises powers of civic authority
A video relating to registering FIR against persons not putting on mask as a preventive measure for Corona has gone viral. The video is based on an important decision given by Aurangabad Bench of Bombay High Court.
Whether persons deployed by the municipal corporation are empowered to impose fine or register FIR against any person not putting on a mask?
Municipal Commissioners have been issuing orders or issuing directions to prevent spread of Corona infection. A huge sum, about Rs 2 crore, has been collected by Nagpur Municipal Corporation from those not wearing masks; hefty fines are inflicted on marriage halls, restaurants, shops etc.
The Aurangabad Court has stated that the persons authorised by the person issuing orders/ directions should expressly authorise the person engaged in this work. The person should be a public servant and only after application in writing to the highest authority, FIR can be lodged.
The issue is related to the interpretation of Sections 186 and 188 of IPC, provisions of the Disaster Management Act and other relevant laws is involved with reference to the judgement. Although the information given in the video does not every aspect of the issue, those affected by the action of the civic authority may approach legal experts with their grievances.