Lawyer Fined Rs 500 For Not Wearing Mask In Car, Moves Court, Asks For Rs 10 Lakh Compensation

A lawyer who was fined Rs 500 by the Delhi Police for not wearing a face mask while he was driving his car has filed a case in the Delhi High court against it.

In his petition, Advocate Saurabh Sharma has sought the refund of the Rs 500 paid as fine and compensation of Rs 10 lakh for mental harassment suffered by him.

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Sharma, who has been a lawyer for more than two decades hat on September 9 while driving to work he was stopped by Delhi Police officials and was fined for not wearing a mask.

He claimed that he was fined by the cops despite the fact that he was alone in the car.

Not compulsory to wear mask if alone

Earlier this month, the health ministry had said that it was not compulsory for a person to wear a mask if they are not accompanied by any other person.

Sharma, in his plea, has said that the officials fining him failed to provide any executive order which makes it mandatory to wear masks while travelling alone in a private vehicle.

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They also did not heed his request to write on the ticket that he was driving alone and he paid the "illegal" fine under protest, the petition has said.

Arguing that the ¡°unjust and illegal stopping¡± and "extortion" of fine caused ¡°huge mental turmoil and harassment¡±, the Petitioner has not only sought the refund of the Rs 500 paid by him as fine but has also prayed for grant of compensation of Rs 10,00,000 from the Delhi Government.

During the hearing, Sharma's lawyer argued that the guidelines issued by DDMA only state that the mask has to be worn in a public place or place of work, and a private vehicle is neither.

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The DDMA contended that its guidelines issued in April and June this year make it mandatory to wear a mask in a public place and added that the Supreme Court has held that a private vehicle is a public place.

It also said that under the guidelines issued by it, there is a penalty of Rs 500 for first time breach of quarantine norms as well as for not wearing masks and for every subsequent violation there is a fine of Rs 1,000.

1. The Delhi Police has issued over two lakh challans between June 15 and September 2 for violation of COVID-19 norms, with most people being fined for not wearing masks.

Out of the total, the maximum 2,33,545 challans were issued for not wearing masks.