Fined ₹500 For Driving Without A Mask, Lawyer Seeks ₹10 Lakh Compensation For Mental Harassment

We have come across many hilarious examples of what it means to “get lawyered” by an advocate. For instance, a Pune restaurant and Zomato were fined ₹55,000 for delivering chicken instead of paneer to a fasting lawyer, or when a Chandigarh lawyer paid monthly alimony of ₹25,000 to ex-wife as a bag full of coins.

As per a report in Mid-Day, on September 9, a Delhi-based advocate named Saurabh Sharma with 20 years of practice, was fined Rs. 500 for not wearing a mask while he was driving alone near Geeta Colony. He then went on to move the Delhi High Court and petitioned for a compensation of Rs. 10 lakhs due to the mental harassment suffered by him.

man driving car during daytime
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His official plea stated the same, “On inquiry, the petitioner was informed that since he was traveling in his car without wearing a mask, he will be fined for a sum of Rs 500 under the offense of not wearing a mask in a public place,” adding that Sharma “tried to impress” upon the police officers that he had not committed any offense since he was traveling alone, but still the challan was issued by the officials, who paid no heed to him.

But after his protests were left unheeded, Sharma finally gave in and paid the fine. The plea said, “Due to unjust and illegal stopping and extorting from the petitioner in general public caused huge mental turmoil and harassment to the petitioner.”

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NDTV reports that the petition also stated that the officers did not comply with his request to inscribe on the ticket that he was driving alone. He alleged that one of the officials first took his photo while he was still in the car before asking him to alight.

Sharma further contended that the challan levied on him was “ex-facie arbitrary and illegal” was there is an absence of any notification or law which makes it mandatory for people to wear a face mask while driving solo.

K.C. Mittal, who is Sharma’s counsel and also former Bar Council of Delhi (BCD) Chairman, even told the bench during the court hearing that it is not compulsory to wear a face mask while driving alone in a car, as per to a notification by the Ministry of Health and Family Welfare.

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A single-judge bench of Justice Navin Chawla has now sought a response on the petition from the Union Ministry of Health and Family Welfare, the Delhi government, the Delhi Police, as well as Delhi Disaster Management Authority (DDMA) on the petition. The next court hearing is reportedly scheduled for November 18, 2020.

What do you think of this incident? Do you agree with the lawyer’s stance or not? Tell us!

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