New Delhi: The Centre has instructed Delhi High Court that it hasn’t made non-wearing of masks, a punishable offence for many who drive their automotive alone.
In an affidavit, the federal government stated that the Ministry of Health and Family Welfare has not issued any tips asking folks to put on masks whereas they’re driving their car alone.
Centre’s clarification comes on the again of a petition by lawyer Saurabh Sharma, who demanded quashing of a challan towards him and likewise demanded Rs 10 lakh in damages.
The Health Ministry stated that well being is a state topic and subsequently it has no position to play in Delhi authorities’s resolution to challan commuters with out masks inside their car.
Lawyer had moved court docket towards Delhi Police and Delhi govt as cops had penalised him whereas he was on his method to workplace.
Saurabh Sharma, a practising lawyer of Delhi High Court had claimed that he was stopped by Delhi Police on Sept 9 whereas he was driving to workplace and was illegally slapped with Rs 500/- high quality for not carrying masks inside his automotive.
The High Court had issued discover to Ministry of Health and Family Welfare, Delhi authorities, Delhi Disaster Management Authority (DDMA) and police, searching for their stand on the petition.
Lawyer sought Rs 10 lakh compensation
Protesting towards this ‘high-handedness’ of Delhi Police and Delhi authorities, Saurabh Sharma has moved a writ petition in Delhi High Court demanding quashing of the challan towards him. He was stopped and challaned by the cops whereas for driving alone in his personal automotive and never carrying masks. He argues that this will’t be foundation of imposing high quality 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 additionally sought Rs 10 lakh as compensation from Delhi authorities for inflicting psychological harassment to him.
Saurabh Sharma, who has been a practising lawyer of Delhi High Court for 20 years claims that he was stopped by Delhi Police officers on ninth Sept whereas on method to workplace and was illegally slapped with Rs 500/- high quality not carrying masks inside his automotive.
Petitioner’s declare that he was fined illegally and arbitrarily by the cops holds water as there isn’t a legislation which mandates penalizing single drivers not carrying masks.
In his plea, the petitioner causes, “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 lethal pandemic, the Centre in addition to states have instructed residents to not enterprise in public locations with out masks. This is the idea on which cops apparently imposed penalty on the petitioner. However, whether or not personal automotive is a public place or not… can solely be discovered, as soon as this case comes up for listening to earlier than the court docket.
However, the Union Health Ministry neither in tips nor in SOPs has really useful carrying of masks if some is driving a automotive or cycline alone.
On Sept 4, Union well being secretary Rajesh Bhushan stated at a press briefing stated “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 high quality for not carrying masks whereas driving alone, the Delhi Traffic Police withdrew itself from issuing ‘challans’.
