CMRL lacks authority to levy fines on those not wearing masks: Madras HC

The first bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu was hearing a plea filed by R Muthukrishnan seeking to quash the press release.

CMRL submitted that all the 13 Metro railways in the country have invoked the Metro Railways (Operation and Maintenance) Act, 2002, and have been imposing penalties for not wearing facemasks. “Also, Sections 59, 79 and 77 of the Act mentions various offences and punishment concerning Metro rails to establish that CMRL was well within its power to impose a penalty,” it contended.

But the petitioner countered that Section 79 speaks about wilfully endangering the safety of Metro passengers but does not provide any authority to collect fine from violators. The bench agreed that the Act does not empower CMRL to slap fines, and set aside the press release.

However, the bench added that CMRL can retain the money it collected as penalty, as it was not easy to find the people who paid the fine and return the money. “Also, we are unaware if people who paid the fine are interested in getting back the money,” it added.