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In an affidavit filed by the Union Ministry of Health and Family Welfare, in the case of Saurabh Sharma v Sub-Divisional Magistrate, East & Ors, the Government of India told the High Court of Delhi that there have been no guideines issued that directed the people to wear mask even while travelling alone in a vehicle. The affidavit also stated that public health is a matter of the State List according to the Entry 6 of List III of the Seventh Schedule of the Indian Constitution.
The petitioner in this case filed this petition seeking compensation of Rs.10 lakh since he was fined a sum of Rs.500 as he did not wear a mask while driving in his car alone. Furthermore, it also stated that according to section 22 of the Disaster Management Act,2005, the State Executive Committee has the powers to implement the guidelines issued by the government of India in the local context. Though the State Government and the Central Government have been working together in order to tackle the unique situations presented due to the pandemic, however, there was no guideline included on the mandate of wearing a mask when the person is driving alone in a vehicle.
Furthermore, the Central govt also prayed that it may be removed from the list of respondents in the petition. In the previous year, the Delhi government told the High Court that it is mandatory for a person to wear a mask even when he or she is driving in car alone. The Government of Delhi was represented by Advocate Devesh Singh, the Department of Health Ministry was represented by Advocate Farman Ali and the petitioner advocate Saurabh Sharma who was fined Rs.500 since he did not wear a mask while driving his car alone, was represented by Advocate Joby P Varghese.
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