Over the mask in the auto order, the Delhi High Court asked, “Why don’t you withdraw it?” (Represent)
New Delhi:
The Delhi High Court on Tuesday called “absurd” an order by the Delhi government mandating masks to be worn while driving alone amid COVID-19 and asked why the decision still applies.
“It is an order of the Delhi government, why don’t you withdraw. It really is absurd. Are you sitting in your car and you have to wear a mask? ” said the bench.
“Why is this order in vogue? Please carry out the instructions,” a bench of Judges Vipin Sanghi and Jasmeet Singh told the Delhi government adviser.
The observation of the bench came when a lawyer representing the Delhi government shared about the case of a man who was criticized for not wearing a mask while sitting in a car with his mother and sipping coffee as he opened the door. book.
During the hearing, senior advocate Rahul Mehra, representing the Delhi government, said the supreme court’s sole judge order dated April 7, 2021, refused to interfere in the government’s decision. Delhi on the imposition of people not wearing masks when driving private cars. alone, is “very unfortunate”.
“Someone is sitting in the car with the windows rolled up and being sought after for Rs 2,000. He added that when the DDMA order was passed, the situation was different and now the pandemic is almost over.
As the sitter reminded that the original order had been approved by the Delhi government, which was later challenged before the sole judge, Mr. Mehra said that it was an order of the Delhi government or central government, it’s a bad command and needs to be reconsidered.
In saying that divisional benches should put this order aside, Justice Sanghi said they can only consider the matter when the order will be given before it.
“If that order sucks why don’t you withdraw it,” said the bench.
The sole judge’s 2021 order was delivered while dismissing four lawsuits filed by lawyers who challenged the imposition of ‘challans’ for not wearing a mask while driving alone in a private vehicle.
It is said that wearing a mask while driving alone in a private vehicle is mandatory amid COVID-19 and has described face covering as ‘suraksha kavach‘, or protective shield, against the spread of infection.
The attorneys, in their plea, argued that the District Judges, who are vested with the power to impose fines, cannot delegate the powers to others.
Disagreeing with the argument, the sole judge said that the definition of ‘mandaters’ is inclusive and expansive in nature, and that District Judges are also empowered to continue to authorize any which organization issued the invitation.
The Union Ministry of Health and Family Welfare has told the court it has not issued any guidelines requiring people to wear face masks in their vehicles when they are alone and that health is a subject of the state and Delhi government has to decide on that.
The Delhi government has told the court that wearing a mask while driving a business vehicle or personal vehicle is mandatory through an office order in April 2020 and it remains in effect. It also said a private vehicle is considered a public place by the Supreme Court.
(Except for the title, this story has not been edited by NDTV staff and is published from an aggregated feed.)
