The courtroom listed the matter for additional listening to on November 18.
New Delhi:
The Delhi Excessive Courtroom Thursday sought response of the Centre and AAP authorities on a lawyer’s plea difficult the Rs 500 challan issued to him for not sporting a masks whereas he was driving alone.
Justice Navin Chawla issued discover to the Ministry of Well being and Household Welfare, Delhi authorities, Delhi Catastrophe Administration Authority (DDMA) and the police looking for their stand on the petition which seeks quashing of the challan, refund of the Rs 500 paid as superb and compensation of Rs 10 lakh for psychological harassment suffered by the petitioner.
The petitioner, Saurabh Sharma, has claimed in his plea that on September 9 whereas driving to work he was stopped by Delhi Police officers and was challaned for not sporting a masks although he was alone within the automotive.
Mr Sharma, represented by advocate KC Mittal, has contended that there’s a Well being Ministry notification clarifying that sporting a masks was not obligatory whereas driving alone in a automotive.
Advocate Farman Ali Magray, showing for the ministry, mentioned he wants to substantiate whether or not such a notification has been issued.
Mr Sharma, in his plea, has mentioned that the officers challaning him failed to supply any govt order which makes it necessary to put on masks whereas travelling alone in a non-public automobile.
Additionally they didn’t heed his request to put in writing on the challan that he was driving alone and he paid the “unlawful” superb underneath protest, the petition has mentioned.
It has contended that within the absence of any regulation or notification making it necessary to put on a masks whereas driving alone in a non-public automobile, the levy of superb on him was “ex-facie arbitrary and unlawful”.
Mr Mittal, throughout the listening to, argued that the rules issued by DDMA solely state that the masks must be worn in a public place or workplace, and a non-public automobile is neither.
The DDMA contended that its pointers issued in April and June this yr make it necessary to put on a masks in a public place and added that the Supreme Courtroom has held personal automobile is a public place.
It additionally mentioned that underneath the rules issued by it, there’s a penalty of Rs 500 for first time breach of quarantine norms in addition to for not sporting masks and for each subsequent violation there’s a superb of Rs 1,000.
The courtroom listed the matter for additional listening to on November 18.
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