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Man driving alone fined for not wearing mask in Delhi, challenges it in high court

New Delhi:

Published on: Sep 17, 2020, 23:23:57 IST
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New Delhi:

HT Image
HT Image

The Delhi High Court on Thursday sought the Centre’s and Delhi government’s responses on a petition filed by a lawyer, who has challenged the Rs 500-fine imposed on him for not wearing a mask while he was driving alone.

Justice Navin Chawla issued notice to the ministry of health and family welfare, Delhi government, the Delhi Disaster Management Authority (DDMA) and the police, seeking their stand on the petition that sought quashing of the challan, refund of the Rs 500 paid as fine and a compensation of Rs 10 lakh for mental harassment suffered by the petitioner.

In his plea, Saurabh Sharma, an advocate, has claimed that on September 9, when he was driving to work, he was stopped by the police and fined for not wearing a mask even though he was alone in the car.

Sharma, who is represented by advocate K C Mittal, has contended that there is a health ministry notification that says the wearing of a mask was not compulsory while driving alone in a car.

Advocate Farman Ali Magray, appearing for the ministry, said such a notification has been issued.

During the proceedings, Mittal contended that DDMA’s guidelines states that a mask has to be worn in a public place or place of work and a private vehicle is neither.

The DDMA, during the hearing, said its guidelines issued in April and June this year makes its mandatory to wear a mask in a public place and that the Supreme Court had (in an earlier unrelated case last year in Bihar) held that a private vehicle on a public road is a public place.

It authority said that under the guidelines issued by it, there is a penalty of Rs 500 for first-time breach of quarantine norms as well as for not wearing masks and a fine of Rs 1,000 for every subsequent violation.

The matter would be now heard on November 18.

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