Advocate fined Rs 500 for not wearing mask in car, moves HC seeking Rs 10 lac compensation


Daijiworld Media Network

New Delhi, Sep 18: An advocate has approached the Delhi High Court seeking compensation of Rs 10 lac after he was fined Rs 500 for not wearing a mask while driving alone in his car.

The petitioner is advocate Saurabh Sharma, with 20 years of practice.

As per Sharma, on September 9, while he was on his way to his office, he was stopped near Geeta Colony by Delhi police officials.

One of the officials first took his photo while he was still sitting in his car and then asked him to step out of his car, it is said.


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The police had then informed the advocate that he would be fined Rs 500 for travelling in his car without a mask maintaining that not wearing a mask in a public place is an offence, the petitioner said narrating his ordeal.

Meanwhile, Sharma stressed that since he was travelling alone, he had not committed any offence. However, the police officials paid no heed to his statements and issued a challan.

The fine was thereafter paid by Sharma to the officials albeit under protest.

Arguing that the 'unjust and illegal stopping' and 'extortion' of fine caused 'huge mental turmoil and harassment', the petitioner not only sought the refund of the Rs 500 paid by him as fine but has also requested for a compensation of Rs 10,00,000 from the Delhi government.

In his petition before the court, Sharma has submitted that there could be no challan for not wearing a mask in a personal, private vehicle while travelling alone as it is not a 'public place'.

“...Wearing a mask while sitting alone in the car is not a hazard to anyone’s health and safety but wearing it all the time even when a person is alone is certainly a health hazard for oneself.", the petition reads.

The petition also stated that there has been no executive order directing people to wear a mask while travelling alone and thus, any such fine levied on the general public by authorities is liable to be quashed.

A single-judge bench of Justice Navin Chawla has heard the petition submitted by advocate Sharma. After hearing the counsel for the petitioner, the court sought the relevant document from the respondent authorities.

The petitioner was represented by advocate KC Mittal with advocate Yugensh Mittal. The petition was filed through advocate Joby P Varghese.

The matter would be heard next on November 18.

 

  

Comment on this article

  • Kiran, Kudla

    Fri, Sep 18 2020

    This is like "Ettige Jwara, Kattege Bare" Why Delhi government should pay 10 lacs while Delhi police is under central government?. Its a common sense that while driving in a private car one don't need to wear mask. I would say, if a family is travelling together in one car without wearing mask, who stay under one roof should be OK not wearing mask. The health ministry has made it clear that driving alone in car without mask is allowed. Guess the police needs to be educated first.

    DisAgree [3] Agree [33] Reply Report Abuse

  • Cynthia, Kirem

    Fri, Sep 18 2020

    Good initiative... Fine Re. 1,000/- to those, who wear masks on their necks.... Start in Mangaluru too... a city of educated!!

    DisAgree [10] Agree [12] Reply Report Abuse

  • Cynthia, Kirem

    Sat, Sep 19 2020

    Don't disagree with me.... Fine all those who come out without masks and masks on the chin/neck/holding in the hand/keeping in the bag... Because of such people... Virus spreads rapidly... Over that disagreeing with my comment...!!

    DisAgree [2] Agree [5] Reply Report Abuse

  • PRAVEEN, MANGALOREAN

    Fri, Sep 18 2020

    Fine are only if you not wearing mask in public...? this is new rule...?

    DisAgree [1] Agree [3] Reply Report Abuse

  • vin, MANGALORE

    Fri, Sep 18 2020

    this is the reason nobody wants to take anything with advocates... 10 lack... nuts it is... how to exploit loop holes and make money...

    DisAgree [6] Agree [10] Reply Report Abuse

  • Mr Kamath, Mangalore

    Fri, Sep 18 2020

    But wearing masks repeatedly can cause the virus to spread. Our health department request us not to remove masks after worn once and not to keep it in chin area etc cause that can help the virus to spread. OK if he's right also wt is 10 lack compensation? Return the 500 or maybe like 2000 telling emotional distress. Trying to rip the govt is not right

    DisAgree [17] Agree [7] Reply Report Abuse

  • Mohammed, India

    Fri, Sep 18 2020

    Delhi police comes under central govt, and it comes under home minister ami shah, so he has to pay 10 lakh

    DisAgree [2] Agree [29] Reply Report Abuse

  • Anand, Mangalore

    Fri, Sep 18 2020

    Court should fine this lawyer with 1 rupree or 10 lakhs

    DisAgree [20] Agree [5] Reply Report Abuse

  • J.F.D SOUZA, Attavar, Mangalore

    Fri, Sep 18 2020

    There is a relaxation for the person who drives the car exempting him fro wearing mask. I read about this in news paper. But here the interpretation of the police wearing mask inside the car is questionable. There are peculiar cases also. One driver has been fined for not wearing helmet wile driving. What peculiar rules we got in our country.

    DisAgree [3] Agree [44] Reply Report Abuse

  • Joe Gonsalves, Mangalore

    Fri, Sep 18 2020

    I submit my opinion as a very senior driver..... accustomed to driving a car for almost 80 years in India and for over forty years in U.S.A.

    Under the present circumstances masks are to be worn by the public while in public places. It is also a safety measure to wear a mask if there are other passengers in the car. However if an individual is all by himself and if the windows of the car are closed, I fell that once can drive a vehicle without wearing a mask.

    I am eagerly awaiting the Court verdict.

    DisAgree [4] Agree [59] Reply Report Abuse

  • Sophie, Bejai

    Fri, Sep 18 2020

    So your age is 120+?

    DisAgree [4] Agree [4] Reply Report Abuse

  • Deshbhakt, Mangalore

    Fri, Sep 18 2020

    Pardon me for deviating from the subject. Assuming you started driving at 20, to have been driving since 80 years, are you a centenarian by any chance ??

    DisAgree Agree [6] Reply Report Abuse

  • Michael, Mangalore

    Fri, Sep 18 2020

    This is not a matter of opinion. It is a matter of law. Regardless of whether the law is sensible or not.

    DisAgree Agree [2] Reply Report Abuse

  • Renish Rodrigues, Mangalore

    Fri, Sep 18 2020

    Police has done the right job. Some people with ego in the public place

    DisAgree [151] Agree [10] Reply Report Abuse

  • Pradeep, Mangalore

    Fri, Sep 18 2020

    I never wore a mask while driving alone or with my family in the car.

    We should stop this hypocrisy re the mask. 99% of masks currently in the market do not even filter bacteria (forget about virus).

    CORONA has become a business.

    DisAgree [7] Agree [135] Reply Report Abuse

  • Dev, Mangalore

    Fri, Sep 18 2020

    Rightly pointed, We want to see the executive order along with scientific proof proving masks prevent any infections other than proved study which counters the above while proving adverse effect of them on wearers health & affecting their immunity.

    DisAgree Agree [12] Reply Report Abuse

  • Ajay Rebello, Kallianpur

    Fri, Sep 18 2020

    You and judging from the huge numbers of like are gravely misinformed about the reason for wearing masks. The first and foremost reason for wearing a mask is that you don't spread the disease to others as the mask will stop most of YOUR droplets. Secondly masks stop you from touching your face and infecting yourself. Protecting you from airborne viral droplets is only the tertiary aim but still something is better than nothing.

    DisAgree [1] Agree [3] Reply Report Abuse

  • Rita, Germany

    Sat, Sep 19 2020

    Pradeep mangalore,should I laugh or cry to our laws and rules in India?

    Whereas we here are not suppose to wear mask during driving as a driver ,so that in case of radar or not following rules to recognize the person.Suppose one is caught with mask,will be fined 50Euros.Only in trams,,bus or trains,have to wear ,and in waiting rooms ,bus stands too.Is optional.well,India probably no proper knowledge of rules and regulations,given to police Personal?

    God save our India.

    DisAgree Agree [3] Reply Report Abuse

  • sachi, Mangalore

    Sat, Sep 19 2020

    Wearing mask in car if alone or with own household members is not required. If travelling with other than family member and open window travel mask is necessary.

    Mask, hand wash and social distance of minimum 2 meter and better personal hygiene is a social vaccine for not only Corona but many other infectious diseases especially respiratory infections including TB, measles, chickenpox, H1N1, etc.

    DisAgree Agree [2] Reply Report Abuse

  • Dr Mohan Prabhu, LL.D, QC, Mangalore (Kankanady)/Ottawa, Canada

    Fri, Sep 18 2020

    If this was a random stop, not for the purpose of checking whether a mask is worn or not, then I see the point - a police person may expose himself/herself to whatever the driver is carrying in his breath. Police often think they are law unto themselves! This is just over reaction by one of them, interpreting the law as they think is right, not because it is correct.
    But claiming a huge amount of damages is over reaction by the advocate . Refund of the fine plus cost incurred by the complainant should suffice.

    DisAgree Agree [6] Reply Report Abuse

  • Raj, mangalore

    Fri, Sep 18 2020

    Boda sheera...62 kempu🤣

    DisAgree Agree [3] Reply Report Abuse

  • Robin, Byndoor

    Fri, Sep 18 2020

    Moral of the story is... they are there to tell others "the law"... Law is for others to follow. Law.. Yaars..

    DisAgree [7] Agree [15] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Fri, Sep 18 2020

    Yesterday we Drove from Mumbai to Goa & back.
    We were not wearing any mask & we were not sopped by any Police. We had rolled up the Windows ...

    DisAgree [17] Agree [23] Reply Report Abuse

  • Subhash Chandra, Mangalore

    Fri, Sep 18 2020

    Jossey bhai... do they carry out Covid test upon entering Goa border by road ? i have heard in past if you travel by train they do but not sure about road, kindly advise ...

    DisAgree [1] Agree [5] Reply Report Abuse

  • Mohan Prabhu,, Mangalore (Kankanady)/

    Fri, Sep 18 2020

    Glad you were not stopped for some road infraction; otherwise, you might have had an additional fine for not wearing the mask. Police are very zealous you know!
    they can be downright stupid.

    DisAgree [1] Agree [1] Reply Report Abuse

  • Mario Almeida, Falnir / Mangalore

    Fri, Sep 18 2020

    That's a big joke anyway!

    DisAgree [1] Agree [1] Reply Report Abuse

  • Sunil Kumar, Mangalore

    Fri, Sep 18 2020

    Next to beggars is policewala...

    DisAgree [3] Agree [54] Reply Report Abuse

  • Fredrick, Mangalore

    Fri, Sep 18 2020

    Delhi police comes under central govt.

    DisAgree [13] Agree [85] Reply Report Abuse

  • Nitish, Mangalore

    Fri, Sep 18 2020

    blame Modi for this also!

    DisAgree [16] Agree [69] Reply Report Abuse


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