New Delhi: The Centre has told Delhi High Court that it hasn’t made non-wearing of mask, a punishable offence for those who drive their car alone.
In an affidavit, the government said that the Ministry of Health and Family Welfare has not issued any guidelines asking people to wear mask while they are driving their vehicle alone.
Centre’s clarification comes on the back of a petition by lawyer Saurabh Sharma, who demanded quashing of a challan against him and also demanded Rs 10 lakh in damages.
The Health Ministry said that health is a state subject and therefore it has no role to play in Delhi government’s decision to challan commuters without masks inside their vehicle.
Lawyer had moved court against Delhi Police and Delhi govt as cops had penalised him while he was on his way to office.
Saurabh Sharma, a practicing lawyer of Delhi High Court had claimed that he was stopped by Delhi Police on Sept 9 while he was driving to office and was illegally slapped with Rs 500/- fine for not wearing mask inside his car.
The High Court had issued notice to Ministry of Health and Family Welfare, Delhi government, Delhi Disaster Management Authority (DDMA) and police, seeking their stand on the petition.
Lawyer sought Rs 10 lakh compensation
Protesting against this ‘high-handedness’ of Delhi Police and Delhi government, Saurabh Sharma has moved a writ petition in Delhi High Court demanding quashing of the challan against him. He was stopped and challaned by the cops while for driving alone in his private car and not wearing mask. He argues that this can’t be basis of imposing fine as ‘sitting inside can’t be equated with public place.’
The petitioner has demanded refund of Rs 500/- as challaned by Delhi Police and has also sought Rs 10 lakh as compensation from Delhi government for causing mental harassment to him.
Saurabh Sharma, who has been a practicing lawyer of Delhi High Court for 20 years claims that he was stopped by Delhi Police officials on 9th Sept while on way to office and was illegally slapped with Rs 500/- fine not wearing mask inside his car.
Petitioner’s claim that he was fined illegally and arbitrarily by the cops holds water as there is no law which mandates penalizing single drivers not wearing masks.
In his plea, the petitioner reasons, “since car is a private zone and hence the requirement of wearing mask while travelling alone cannot be equated as not wearing mask at public place.”
In wake of the deadly pandemic, the Centre as well as states have instructed citizens not to venture in public places without mask. This is the basis on which cops apparently imposed penalty on the petitioner. However, whether private car is a public place or not… can only be found out, once this case comes up for hearing before the court.
However, the Union Health Ministry neither in guidelines nor in SOPs has recommended wearing of mask if some is driving a car or cycline alone.
On Sept 4, Union health secretary Rajesh Bhushan said at a press briefing said “there are no guidelines from the Health Ministry on wearing a mask if a person is driving a car or riding a cycle alone.”
Last week, after a flurry of criticism from motorists over fine for not wearing masks while driving alone, the Delhi Traffic Police withdrew itself from issuing ‘challans’.
