Law Insider India

Legal News, Current Trends and Legal Insight | Supreme Court of India and High Courts

Delhi High Court on Government Order: Absurd to compel wearing mask while driving alone

2 min read
Mask Car Coronavirus Covid 19 Law Insider

Shivani Gadhavi

Published On: February 02, 2022 at 18:39 IST

The Delhi High Court on February 1, 2022, called an Order of the Delhi Government “absurd”, for making it compulsory to wear masks while driving when alone in the car, as a precautionary measure for Corona Virus.

The Delhi High Court Bench of Justices Vipin Sanghi and Jasmeet Singh stated that “It is a Delhi Government Order, why don’t you withdraw it. It is absurd actually. You are sitting in your own car and you must wear the mask?”

Furthermore the Bench added that, “Why is this Order prevailing? Take instructions.”

Senior Advocate Rahul Mehra who was representing the Delhi Government, stated during the hearing that a Single Judge Bench of the Delhi High Court had giving a ruling on April 7, 2021, in which the Court had made it clear that it would not be interfering with the Decision of the Delhi Government regarding imposition of Challan.

The Senior Advocate stated that “Somebody sitting in the car with rolled-up windows and being given a challan of Rs. 2,000. That Single Judge Order is very unfortunate.” The Counsel for the Delhi Government pointed out that when the Impugned Order was passed, the situation regarding the pandemic was different than what it is now.

The Senior Advocate contended that the Order is bad and should be revisited, whether it was passed by the Delhi Government or the Central Government. The Bench in response to this stated that “If that Order is bad, why don’t you withdraw it.”

The Delhi Government had earlier informed that Delhi High Court that it was made mandatory in the Order to wear masks while driving alone for safety purposes and that the Order is still being Enforced.