Notice has been issued by Delhi HC to Delhi Government regarding its COVID-19 Regulation:

A plea has been filed in Delhi High Court by Ms. Sonia Rana regarding clause 3(g) of the Delhi Epidemic Diseases, (Management of COVID-19) Regulations, 2020 contending that it arbitrarily empowers police officer of the rank of sub-inspector to slap with fine anyone who violates the notification.

The petitioner contended that the said notification is arbitrary and unusual in nature and violated the principles of Natural Justice and ‘Audi Alteram partem.’ She further said that as fine qualifies for the punishment under Section 53 of IPC, it could only be imposed by the Judiciary and not by police. She further added that “Regulations are Secondary Legislation and are been formulated under the powers conferred under section 2 of the Epidemic Disease Act, 1897 which is primary legislation, and hence sub-delegation of secondary legislation shall not be permitted.”

The notice had been issued by the division bench comprising of Chief Justice, DN Patel and Prateek Jalan and the matter will be taken up by the court on August 28.

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