HC reserves decision on pleas against wearing of mask while driving alone in pvt vehicle

  Delhi High Court on Wednesday reserved its decision on several pleas challenging imposition of challan for t wearing a mask while driving a private car alone.Justice Prathiba M Singh heard arguments on behalf of Centre, Delhi government and petitioners who were challaned for t wearing a mask while driving alone in ir respective vehicles.Advocate Farman Ali Magray, appearing for Ministry of Health and Family Welfare, submitted that ministry has t issued any direction asking people to wear masks in a car when y are alone.

He said health is a state subject and Delhi government has to take a decision on it.   Delhi government told court that wearing masks while driving an official or personal vehicle was made compulsory by way of an office order in April last year and it remained in force.It also said that a private vehicle was held to be a public place by Supreme Court.      One of petitioners -- advocate Saurabh Sharma -- has claimed that on September 9, 2020, while driving to work he was stopped by Delhi Police officials and was challaned Rs 500 for t wearing a mask even though he was alone in his private car.Ar petitioner --  Sudesh Kumar -- told court that he was challaned despite having wrapped his mouth and se with a scarf while driving in his car.

Kumar's lawyer also told court that challan does t mention date or time of offence or offence itself, it was issued by a sub-inspector, challan booklet was pre-stamped and signed by a magistrate and receipt was issued to him for amount paid.Sharma's counsel had earlier told court that subsequent to April 4, 2020 office order of Delhi Disaster Manment Authority (DDMA), Union Health Ministry held a press conference where it said persons driving alone in a car are t required to wear a mask. Two or similar pleas have been filed by Aditya Kaushik and Deepak Agarwal.

Sharma, in his plea, has sought quashing of challan, refund of Rs 500 paid as fine and compensation of Rs 10 lakh for mental harassment allegedly suffered by him.He has said that officials challaning him failed to provide any executive order which makes it mandatory to wear masks while travelling alone in a private vehicle.His plea has contended that in absence of any law or tification making it mandatory to wear a mask while driving alone in a private vehicle, levy of fine on him was "ex-facie arbitrary and illegal".