The private car is not a personal zone, the mask is essential: the government of Delhi submits in HC – delhi news
The Delhi government said in the Delhi High Court on Wednesday that a private vehicle is a public place and not a personal area and therefore anyone moving in their private or official vehicle must wear a mask “obligatorily” .
The presentations were made before Judge Navin Chawla during the hearing on a guilty plea from a lawyer who challenged the 500 rupee challan that was issued to him for not wearing a mask while driving alone in his private car. In his guilty plea, the petitioner, Saurabh Sharma, said that on September 9, while driving to work, he was pulled over by Delhi police officials and fined for not wearing a mask even though he was alone in the car. .
In an affidavit filed through attorney Devesh Singh, additional permanent counsel for the Delhi government, the court was told that “it is true that the public may not have access to that private vehicle, as a matter of law, but the public he has the opportunity to approach the private vehicle when it is on public roads ”. He also said that the Supreme Court has held that a private vehicle is a public place.
The government said that the use of masks when driving was made mandatory in April and that the order remains in effect to this day.
On behalf of the petitioner, lawyer Joby P. Varghese told the court that, following the order of the April 4 office of the Delhi Disaster Management Authority (DDMA), the Union Ministry of Health held a conference statement in which he said that people who drive alone in a car are not required to wear a mask.
Attorney Farman Ali Magray, who appeared for the ministry, asked the court for time to place the correct position in court. Judge Chawla granted the time, but warned that no more time would be given at the next hearing date.
Sharma, in his guilty plea, has requested the annulment of the challan, the reimbursement of the 500 rupees paid as a fine and compensation of Rs 10 lakh for alleged mental harassment suffered by him.
In his guilty plea, Sharma claimed that the officials who issued him the challan did not provide an executive order establishing that it was mandatory to wear masks while traveling alone in a private vehicle.
Nor did they heed his request to write on the challan that he was driving alone and paid the “illegal” fine under protest, according to the petition.
The court listed two other similar allegations by Aditya Kaushik and Deepak Agarwal on January 7, when the matters would be heard together.