While dismissing a petition by four advocates challenging the Delhi government’s order to wear masks as part of Covid-19 protocol even while travelling alone in a personal vehicle, the Delhi High Court as recently as on April 7, 2021 has observed without mincing any words in a strongly worded judgment titled Saurabh Sharma vs Sub-Divisional Magistrate (East) & Ors. in W.P.(C) 6595/2020 & CM APPL. 23013/2020 that, “Advocates as a class owing to their legal training have a higher duty to show compliance especially in extenuating circumstances such as the pandemic. Wearing of masks cannot be made an ego issue.” If advocates who are the biggest upholders of law and who are the officers of the court and the real crown of the judicial system themselves start disregarding the rule of wearing masks at a time when the corona pandemic has engulfed nearly all the countries and has killed more than lakhs of people in India itself, then what message will go out to others? People in general will also start emulating the lawyers and this can have a cascading effect in spreading this deadly virus all across! So it merits no reiteration that complacency of any score on this front cannot be condoned under any circumstances!
Needless to say, this alone explains why a Single Judge Bench of Justice Pratibha M Singh who authored this extremely brilliant, brief, bold and balanced judgment too underscored that due to their legal training, advocates and lawyers were expected to aid measures to contain the pandemic rather than “questioning the same”. It is the bounden duty of all the lawyers all across the country to adhere unflinchingly to what Justice Pratibha M Singh of the Delhi High Court has held so elegantly, eloquently and effectively! There can be no denying it.
To start with, a Single Judge Bench of Justice Pratibha M Singh of the Delhi High Court sets the ball rolling by first and foremost pointing out in para 1 that, “These are four writ petitions filed challenging the imposition of fine of Rs.500/-, on the Petitioners, for non – wearing of face masks while travelling alone in a private car. The brief facts of each of the cases are captured below.”
While elaborating on the petitioner’s case, the Bench then puts forth in para 2 that, “In W.P.(C) 6595/2020, the Petitioner’s case is that he is a practicing advocate for the last 20 years. On 9th September, 2020, at about 11.00 A.M., he was driving a Honda City DL 13CC 1479, and was stopped by the police near Geeta Colony, New Delhi. It is not disputed that he was travelling alone in his car. After the car was stopped, an Executive Magistrate, along with a Police Constable and a Delhi Police Inspector, informed the Petitioner that a fine of Rs. 500/- is being imposed on him for not wearing a mask in a public place. The Petitioner challenged such imposition of fine before the officials, on the ground that since he was travelling alone in his car, the said car does not constitute a public place and would be a private zone. Accordingly, it is prayed that the challan bearing challan no. 2993, dated 9th September, 2020, be quashed and the amount of Rs. 500/- be refunded. In addition, compensation of Rs.10,00,000/- is sought on the ground of alleged mental harassment publicly caused to the Petitioner.”
To put things in perspective, the Bench then elucidates in para 3 stating that, “In W.P.(C) 8455/2020, the facts are that the Petitioner is a lawyer who was stated to be on his way to his chambers at Tis Hazari Courts, around 12.00 noon on 9th August, 2020. He was driving his privately owned car, a Maruti Suzuki Swift and was stopped near Aruna Asaf Ali Hospital, Rajpur Road, Civil Lines by the Police. The Petitioner was in his car travelling alone, with his mask hanging on his face, from one of his ears. The case of the Petitioner is that since he was in his car alone, he had not put the face mask on and that he had intended to wear the mask as soon as he stepped out of the car. It is highlighted that the four windows of the Petitioner’s car were closed. When the police official stopped his car, he was informed that the non-wearing of mask by him is in violation of the Delhi Epidemic Diseases (Management of COVID-19) Regulations, 2020 (hereinafter referred to as ‘the Regulations of 2020’) and a sum of Rs. 500/- was imposed on him as fine. In this petition, apart from quashing of challan bearing challan no. A22062, dated 9th August, 2020, a declaration is sought to the effect that privately owned cars are private places for the purpose of the Regulations of 2020. Apart from refund of the amount of Rs. 500/- paid by the Petitioner as fine, a compensation of Rs. 5,00,000/- is sought in the present petition for mental harassment.”
While continuing in a similar vein, the Bench then enunciates in para 4 stating that, “The Petitioner in W.P.(C) 8588/2020 is also a practicing advocate who states that he was crossing Vikas Marg area near Laxmi Nagar Metro Station on 20th August, 2020 in his privately owned car, with all windows of the car closed. However, officials of the Delhi Police stopped his car on the ground that he was not wearing a face mask in his car. Similarly, an amount of Rs. 500/- was imposed on him as fine for violations of the Regulations of 2020. In this case, a direction is sought that the Respondent-Authorities ought not to fine people for not wearing a face mask while in their own car. Refund of Rs. 500/- is sought, along with compensation of an unascertained sum.”
Of course, the Bench then states in para 5 that, “In W.P.(C) 9408/2020, the Petitioner is a lawyer stated to be practicing at Karkardooma Courts, New Delhi. On 25th October, 2020, he was travelling in his i-10 Grand bearing no. DL8CAE1725, along with his wife and had reached a spot in front of the of D.C. Office, Nand Nagri at about 1.50 P.M. It is stated that a Civil Defence Personnel forced him to stop his car. After the Petioner’s car was stopped, the Civil Defence Personnel, along with a member of the Enforcement Team of SDM, Shahdara, informed him that since he is not wearing a face mask but only a cotton safa/dupatta/scraf around his mouth and nose, he would be liable to pay a fine of Rs. 500/-. In this petition also, quashing of the challan dated 25th October, 2020 is prayed for. Along with the quashing of the challan, a refund of Rs.500/- paid as fine is prayed for, as also compensation of Rs. 10,00,000/- for the harassment and insult allegedly caused to the Petitioner, and for alleged misuse of legal provisions to exhort Rs. 500/- from the Petitioner.”
As a corollary, the Bench then holds in para 6 that, “From the facts of the above four cases, it is clear that in two of the cases, the Petitioners were not wearing any face masks; in one of the cases case, the Petitioner had a mask which was dangling from one of his ears; and, in the fourth case, the Petitioner was not wearing a mask, but was wearing a safa/dupatta/scraf covering his nose and mouth.”
As we see, the Bench then while elaborating on the questions arising in these writ petition states forth in para 7 that, “The questions which arise in these writ petitions are three-fold. First, whether it is compulsory for persons driving alone in their own private cars to wear face masks and the manner in which such masks ought to be worn. Secondly, if as per the various guidelines, orders and notifications issued, the fine imposed on the Petitioners is valid and legal. Thirdly, if any compensation is liable to be granted.”
After hearing the submissions from both sides, the Bench then observes in para 23 that, “From the submissions made herein above, broadly three issues arise –
i. What is the ambit of the power to issue guidelines under the provisions of EDA and DMA?
ii. Whether under the guidelines which have been issued under the April Order by the DMA and June Notification, wearing of face masks is compulsory even when an individual is travelling in a privately owned car. If so, in what manner is the face mask to be worn?
iii. Whether the Executive Magistrates who have issued the challans and imposed the fines of Rs. 500/- each were properly authorised in law?”
