'It Is Absurd': Delhi High Court Asks Govt To Reconsider Order Mandating Face Masks Inside Private Vehicles
The Delhi High Court on Tuesday called the order passed by the Delhi Government mandating wearing of face mask inside private vehicle as "absurd", asking further as to why the same was still prevailing in the changed circumstances. A bench of Justice Vipin Sanghi and Justice Jasmeet Singh was apprised by Senior Advocate Rahul Mehra appearing for the Delhi Government that the order...
The Delhi High Court on Tuesday called the order passed by the Delhi Government mandating wearing of face mask inside private vehicle as "absurd", asking further as to why the same was still prevailing in the changed circumstances.
A bench of Justice Vipin Sanghi and Justice Jasmeet Singh was apprised by Senior Advocate Rahul Mehra appearing for the Delhi Government that the order needed revisitation.
Since the order was passed by the Delhi Government, the Bench asked Mehra as to why can't it consider withdrawing the same. To this, Mehra responded that while the Governmental exercise might take a few months, an observation from the Court will be a more expeditious option.
"When we are staying in the house, that is okay. The moment we step out in cars, there they have a problem and someone has the license to take Rs. 2000 from me," Mehra submitted.
Hearing Mehra, Justice Sanghi orally remarked
"It is absurd actually. You're sitting in your own car and you must wear a mask?"
The Court therefore asked the Delhi Disaster Management Authority (DDMA) to relook the orders passed by it in view of the change in scenario of the COVID-19 pandemic.
Accordingly, asking the Delhi Government to take instructions, the Court ordered thus:
"Mr Mehra has submitted that in the light of the change in situation, the DDMA should also look at several orders issued by it in relation to Covid restrictions. We hope and expect that DDMA to look into all aspects, and premised on medical opinion, issue fresh orders with respect to COVID restrictions."
On the aspect that a single judge had last year dismissed writ petitions challenging said order and upheld the Delhi Government's decision, the Bench said that since the order was not challenged before it, it was not in a position to either strike it down or adjudicate on the same.
Justice Pratibha M Singh had last year said that the mask is like a "suraksha kavach" protecting both the person wearing it and those around.
On other aspects concerning the COVID 19 situation in the city, the Court perused the status report filed by the Delhi Government and expressed it's happiness over the progress made in practically all fronts that needed to be addressed.
The Court took note of the fact that the website of Delhi Government continues to remain updated with real time information regarding availability of beds and that the website was accessible in Hindi and English languages.
With regards to EWS covid beds availability identified in private hospitals, the Court noted that the same is also available on COVID 19 data management portal and is accessible by registered users and govt functionaries.
"The endeavour of the Govt should be to place all the information in public domain so as to not only make the facility available to public easily but also to be able to maintain vigilance," the Court said.
The Court also suggested Mehra to explore the possibility of developing a mobile application enabling the users to access information regarding availability of nearby hospitals, specialties that they are offering and the bed availability position.
The Court said that the option of the application including other medical related services such as booking ambulance may also be explored.
Accordingly, Mehra submitted that the Delhi Government would examine the feasibility of application in future.
The Court also noted that the status report indicated that data and statistics available with the Centre and Delhi Government are being regularly uploaded on the website of Ministry of Health and Family Welfare.
"This exercise should be continued even after pandemic is abated," the Court said further.
It added "It appears that presently there is sufficient capacity to deal with current needs but also to deal with serious contingency if it were to arise. Mr. Mehra states that the Government would work to optimize the utilisation of its resources so that facilities could be made operational as and when required."
Furthermore, looking to the reduced occurrence of covid 19 disease and falling numbers and positivity rate, the Court said:
"…it is hoped that the GNCTD would take prompt decision to make all facilities and govt hospitals operational so that people ailing from other diseases can get treatment and resume their treatment."
Case Title: Rakesh Malhotra v. GNCTD and other connected pleas