The Delhi government has asserted before the Delhi High Court that a personal vehicle is not a private zone and a person must wear a mask even if he is alone in the vehicle.
This statement was made in regards to a petition filed by a lawyer seeking Rs ten lakhs in compensation after he was fined Rs five hundred for not wearing a mask while he was driving alone in his car.
In their affidavit, the Delhi government has said that:-
“In the instant case, the petitioner has contended that while travelling alone in his private vehicle, he is not in a public place, therefore, he cannot be subjected to a fine for wearing a mask. However, the guidelines/regulations/directives very clearly state that any person moving around in his official or personal vehicle must wear a mask compulsorily. This rule applies to all public places, and a personal vehicle falls in the said category and cannot be called a private zone.
By relying on a judgement of the Supreme Court, the Delhi government argued that when a private vehicle passes through a public road, the public has the opportunity to approach the vehicle and have access to it as well.
The Delhi Government has prayed that the petition should be dismissed.
This petition was listed today(18.11.2020) before Hon’ble Justice Navin Chawla.
During the hearing, the counsel appearing in the matter informed the Court that the Health Ministry, Government of India has stated that a person sitting in a car, does not need to wear a mask.
However, as the affidavit of the Health Ministry was yet to be filed, the matter was adjourned till 07.01.2021.
All the petitions where a similar issue is raised will now be taken up on 07.01.2021.