Karnataka High Court Asks State To Decide On Prosecuting Tejasvi Surya MP For Not Wearing Mask

A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty said:

"If the concerned person has paid the fine they have admitted their violation and therefore the failure of state to prosecute them has very serious consequences. The state must thus take a call and make a statement on the next date."

It added that:

"Several instances on record show that no action is taken for violation of regulations against the political class found indulged in violation of the regulations under the Epidemic Diseases Act 2020 and regulations 2 of the said Act."

As per the Act, anyone who contravenes the regulations/orders and directions issued can be imprisoned to a period of minimum three months which can be extended upto five years and with a fine which may be not less than Rs 50,000 and may extend upto Rs 2Lakh.

The state government had earlier submitted a chart giving details in respect of 18 instances of violation, in the form of rallies, in which 14 non cognizable offences have been registered. It also submitted about the fine that was imposed on Tejasvi Surya MP. It was stated that in addition to MP Tejasvi Surya, eight other persons were booked and fines have been recovered from them on November 7.

The direction was given during the hearing of a petition filed by Letzkit foundation seeking strict implementation of the social distancing and compulsory wearing of face masks norms. The petitioners had highlighted that during the political rallies, the norms were thrown to the wind.