HC seeks reply of Centre, State on plea against challan for not wearing mask

The Delhi High Court on Thursday sought response of the Centre and city government on a plea by an advocate challenging ₹500 challan issued to him for not wearing mask while he was driving alone.

Justice Navin Chawla also issued notice to the Delhi Disaster Management Authority (DDMA) and the police seeking their stand on the petition, which seeks quashing of the challan, refund of the ₹500 paid as fine and compensation of ₹10 lakh for mental harassment suffered by the advocate.

Advocate Saurabh Sharma, in his plea, has claimed that on September 9, while driving to work, he was stopped by Delhi police officers and was challaned for not wearing mask even though he was alone in the car.

Mr. Sharma, represented by advocate K.C. Mittal, contended there is a Health Ministry notification clarifying that wearing a mask was not compulsory while driving alone in a car. Mr. Mittal said that the officials challaning his client failed to provide any executive order, which makes it mandatory to wear masks while travelling alone in a private vehicle.

Mr. Mittal argued that the guidelines issued by the DDMA only state that a mask has to be worn in a public place or place of work, and a private vehicle is neither.

The petition contended that in the absence of any law or notification making it mandatory to wear a mask while driving alone in a private vehicle, levying of fine on him was arbitrary and illegal.

The High Court will hear the case again on November 18.