NEWS: Advocate moves to Delhi HC Seeking 10 Lakh Compensation against Fine of ₹500 for Not wearing a mask

By Legal Wires 4 Minutes Read

Advocate Saurabh Sharma has moved to Delhi High Court seeking compensation of ₹ 10 Lakh after he was fined by the Delhi Police for not wearing a mask while inside his car alone.

Saurabh Sharma v. Sub-Divisional Magistrate, East & Ors

The petition was heard by a Single Judge Bench of Justice Navin Chawla.

After hearing the counsel for the Petitioner, the Court sought the relevant document from the Respondent authorities.

On 9^th September 2020 he was on his way tooffice wherein way his car was stopped by the Delhi Police officials.

One of the officials took his photo and then fined him ₹500.

Petitioner said : “On inquiry, the Petitioner was informed that since he was travelling in his car without wearing a mask, he will be fined for a sum of Rs 500 under the offence of not wearing a mask in public place.”

The Petitioner contended that since he was travelling alone in the car, he has not committed any offence, and the officials did not take this into account and challan was issued to him.

Petition argues that “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.

He further contends that there could be no challan for not wearing mask in the personal or 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.”

As there has been no Executive order directing people to wear a mask while traveling alone so the fined levied by the authorities on the general public is liable to be quashed.