Delhi High Court has issued notice in a plea moved by an Advocate challenging issuance of challan against him for allegedly not wearing a mask while driving his car.
The Single Bench of Justice Navin Chawla has issued notices to the Central Government as well as the Delhi Government.
Filed by Advocate Saurabh Sharma, the petition challenges the challan of ₹500 issued by Sub-Divisional Magistrate (East) for allegedly not wearing a mask in a public place.
The Petitioner argues that when the challan was issued, he was travelling alone in his car. After making inquiries from the police officer who had stopped him, the Petitioner got to know that he got fined for driving his car without wearing a mask.
The Petitioner further argues that despite multiple requests, the concerned police officer failed to show any executive order which makes it mandatory to wear masks while driving alone in private vehicles.
He further said that his requests from writing 'driving alone' was also not noted in the challan and that he paid the fine in protest.
'This has caused me immense mental turmoil', the Petitioner has argued.
While arguing that a private car cannot be equated with a public space, the Petitioner has submitted that the Ministry of Health and Family Welfare has itself clarified that it has issued no order which mandates wearing of masks while driving alone in a private car.
Citing mental agony caused by such arbitrary and unreasonable action, the Petitioner has demanded a compensation of ₹10 lacs from the concerned authority.
Advocates KC Mittal, Joby Verghese and Yugensh Mittal appeared in the Case.