No mask, no bail: Mumbai youth learns the lesson the hard way

The JJ Marg police pressed non-bailable offences against the accused which eventually led to the rejection of his bail plea. Representation pic

A 20-year-old man held for defying lockdown norms learnt the fallout of his act the hard way after the sessions court agreed with a lower court's decision to deny him bail. The youth was among six arrested by the JJ Marg police for playing cricket without a mask on April 4. The sessions court said the youth's conduct amounted to a violation of the Disaster Management Act, and Section 144 that has been imposed to check the spread of COVID-19 in the city.

The metropolitan court first denied the man bail after he was booked for non-bailable offences. Lawyers and legal brains sided with the order by Additional Sessions Judge Abhijeet Nandgaonkar, saying that the need of the hour is to follow restraint and adhere to directives issued by authorities that have been enforced in Mumbai as well as across the state.

The sessions court observed that the game of cricket by the maskless accused was a case of the accused forming an "unlawful assembly with a common object to take the law in hand" and that they contravened the guidelines issued by the state government. "Though the applicant / accused is 20 years old, he must have to know the situation of the pandemic in the city and to follow guidelines by local authority and police," observed Judge Nandgaonkar.

In its 7-page order dated April 21, the higher court lauded the Metropolitan Magistrate for rejecting his bail plea on April 9. Instead of following the directions, the accused allegedly tried to "deter the public servant from discharging his duty by applying criminal force, that too cause serious injury which caused a fracture to the police constable while discharging his duty as a public servant". It held that the youth and his friends had also the intention of endangering the life of the public.

"I do not find any substance in the application to release the applicant / accused even on stringent conditions," reads the order. Rejecting the bail plea, the judge said, "I do not find it appropriate to release the accused on bail at this stage."

Senior criminal lawyer Dinesh Tiwari said, "Not wearing a mask or not adhering to directives from police amidst the pandemic are bailable offences, but in this case, the police have also levied other serious sections of IPC, which by default make the offence serious in nature and the case is non-bailable and hence the Sessions court rejected the bail application."

Explaining the order, Tiwari said, "Such an approach of the court is laudable as the pandemic is spreading because of the lackadaisical attitude of the public at large. Apart from the charge of not wearing a mask, the police had also applied charges of obstructing a police officer in discharging his duty. Therefore, such an order is much needed to deter the public from not following directions to wear a mask."

Stressing that carelessness on the part of the public has allowed the virus to spread, Tiwari added, "The charges of deterring a public servant from discharging his duty is also applied, especially when they are stretching themselves for the benefit of the public. Therefore, I think rejection of the bail was appropriate in the case in hand."

Rajeshwar Panchal, a high court lawyer, said, "The situation that we are going through is unprecedented. The images and reports showing people losing their last breath for want of beds and oxygen are dreadful. The ultimate buck is stopping at the government. However, there are incidents where people themselves are behaving like anti-social elements and not following the directions issued by the government to contain the pandemic."

Panchal said the case of the youth and his friends playing cricket without a mask had the potential to endanger not only their lives but also that of others. He said, "In these circumstances, it is utmost necessary to take strict action against anyone who is violating the law. In the instant case, the Sessions Judge rejecting bail observed ‘no mask, no bail'."

Panchal added, "The allegation is that the accused not only took the law into his own hands by forming a cricket team and playing in a public place without a mask but also he caused a fracture to a policeman. Of course, the veracity of these allegations would be tested in the trial. But if the allegations are true for the sake of argument, then it warrants such a strict action that it shall send a strong signal that none will be spared."

Solicitor Stuti Galiya called the order an "unprecedented" step by the court, considering the irresponsible behaviour of the accused. "The accused has been charged for various offences, some of which are non-bailable. Countries across the globe have been taking stern action against offenders for not following the norms during a pandemic scenario. An Australian Court had recently taken similar action against an offender and refused bail for allegedly refusing to wear a face mask during strict lockdown. Once it is confirmed a person is aware of the pandemic situation and of the legal requirement, it is only just that violations are dealt with strictly in the best interest of the community. Any laxity shown in this regard will only encourage people to violate norms."