HC seeks Centre, Delhi govt's response on plea against challan for not wearing mask while driving alone
Sep 17, 2020
New Delhi [India], September 17 : The Delhi High Court on Thursday asked the Centre and Delhi government to file their response on a petitioner's plea seeking quashing of a Rs 500 challan issued to him for not wearing a mask while he was driving alone in his car.
A single-judge bench of Justice Navin Chawla asked the Ministry of Health and Family Welfare, Delhi government, Delhi Disaster Management Authority (DDMA) and the police to file their response on the plea and listed the matter for further hearing on November 18.
The petitioner, advocate Saurabh Sharma, was represented by advocates KC Mittal, Joby Verghese and Yugensh Mittal. The plea sought a refund of the Rs 500 fine imposed against him and compensation of Rs 10 lakh for publicly causing mental harassment.
According to the petitioner, Delhi Police issued a challan of Rs 500 against him on September 9 for not wearing a mask even though he was alone in the car while driving to work. The petitioner argued that the DDMA guidelines only state mask has to be worn in public places or place of work.
"The petitioner tried to impress upon the officials of the respondent, who had stopped his car, that he is travelling alone in his car and hence he has not committed any offence. However, no heed whatsoever was paid by the officials and the impugned challan was issued," the plea said.
It said that despite requests the officials failed to provide any executive orders making the wearing of masks mandatory while travelling alone in a private vehicle.
"It is submitted that since the petitioner was filed illegally, the fine amount was paid under protest by the petitioner. Due to unjust and illegal stopping and exhorting fine from the petitioner in the general public caused huge mental turmoil and harassment to the petitioner," it said.
