Mask obligatory even whereas driving alone: Delhi HC upholds diktat by Kejriwal govt

A single-judge bench comprising of Justice Prathiba M Singh dismissed petitions that challenged the diktat by the Arvind Kejriwal authorities in Delhi that declared that carrying a masks was obligatory even whereas driving alone in a automobile since a automobile is a ‘public space’. The Arvind Kejriwal authorities had imposed a high quality on individuals not carrying a masks even whereas travelling alone in a automobile.
Dismissing the writ petitions, Justice Singh phrases masks as a ‘suraksha kavach’ (protecting protect) and mentioned that “Scientists and international governments advise wearing of a mask. The challenge of the pandemic was enormous and the wearing of face masks is necessary whether a person is vaccinated or not”.
While the Delhi authorities had submitted that an workplace order had made carrying masks obligatory, whether or not in a public or non-public car, even whereas travelling alone in April final yr and it remained in pressure till immediately. The central authorities had, nonetheless, mentioned that it had handed no such stricture making the carrying of masks obligatory whereas travelling alone. While the central authorities had mentioned it had not handed any stricture of the type, it mentioned that Health is a state topic and due to this fact, it was free to make guidelines.
During the listening to, one of many petitioners, Sudesh Kumar, had asserted that he was fined by the Delhi authorities though he was alone in a automobile and had lined his face with a shawl.
According to LiveLaw, Kumar’s lawyer had additionally informed the courtroom that the challan doesn’t point out the date or time of the offence or the offence itself, it was issued by a sub-inspector, the challan booklet was pre-stamped and signed by a Justice of the Peace and no receipt was issued to him for the quantity paid. During the listening to, Kumar had additionally asserted that after the April 4, 2020 workplace order of the Delhi Disaster Management Authority (DDMA), the Union Health Ministry held a press convention the place it mentioned any particular person driving alone in his non-public automobile didn’t have to put on a masks.
The Delhi authorities in its affidavit had mentioned that the Regulations/Directives/Guidelines are very clear minimize that “any person” shifting round in his private or official car have to be carrying masks as a mandate and {that a} non-public car additionally falls below the ambit of this order. To make these claims, the Arvind Kejriwal authorities had relied on a judgment of the Supreme Court the place it was held that when a personal car passes by a public highway, the general public alternative to “approach the private vehicle” and have entry to it.
Only lately, the Delhi Government had imposed an evening curfew, from 10 PM within the night time to five AM within the morning to apparently curb the second wave of Coronavirus instances within the territory. The Kejriwal authorities had mentioned, “Delhi government is working on all methodologies and innovative ideas to control coronavirus. In many places in the country, after the nationwide lockdown last year, a night curfew was imposed, which is helpful in protecting people in that time frame. However, the government is not dependent on night curfew alone”.