Last year I got a summon of appearance from Metropolitan magistrate Dwarka, New Delhi for violation of Section 3 of Malaria Bye-Laws. This is was the first time I had ever received a Summon so I just sought advice of few advocates but none could tell me exactly as to how Municipal Corporation of Delhi follows the procedure to prosecute if mosquito breeding is found in someone's premises. With my fractured leg I was unable to walk so sent one of my colleage to appear before the MM. My colleage who appeared in the court on my behalf, told me that names of 25 persons were called in a lot and all the 25 persons were fined without giving them a chance to represent their case. After the episode was over I was just curious to know the bye-law of MCD, as no notice and no copy of challan was served to me in any legal form before summoning me to the court. In fact we both husband and wife are Government employees and live in a Govt. quarter. No one is to be found at home during working day as children also go to college and school, so the house remained lock. When I read section 4 of the byelaw I found that the MCD is required to give a notice of not less 24 hours if mosquito breeding is found in someone's premises, to remove such breeding. When I asked a copy of notice under this Section under RTI, MCD provided me a copy of notice where it was written"refused to take". This was also surprising because when none was to be found at home, how anyone can refuse or accept. Kindly suggest how to challenge prosecution in such cases when one is confident that he is not guilty and the act of prosecution by MCD is totally arbitrary.
