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2021 Supreme(Del) 117

PRATHIBA M. SINGH
Saurabh Sharma – Appellant
Versus
Sub-Divisional Magistrate (East) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.K.C. Mittal, Mr. Joby P. Varghese & Mr.Saurabh Sharma, Advs.
For the Respondent: Mr. Devesh Singh, ASC, GNCTD with Ms. Sukriti Ghai and Mr. Manas Bhatnagar, Mr. Farman Ali Magray, Sr. Panel Counsel

JUDGMENT :

Prathiba M. Singh, J.

1. 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.

2. 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 DL13CC 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.10,0

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