The case in hand is Pulkit Jain vs Government of NCT Of Delhi And Anr. The Petitioner filed a PIL in Delhi High Court. It sought for the Delhi Government to advertise the appropriate way to use a mask.
Brief Facts of the Case
On 19th June 2020, the Delhi HC had asked the Delhi Government to advertise the correct way of using a face mask. The Court asked the Government to follow the instructions by the Union Health Ministry, in both the print and electronic media.
The Bench consisted of Chief Justice DN Patel and Justice Prateek Jalan. The Court ordered the display of advertisements on the websites of all municipal authorities and Delhi Cantonment Board. The aim was to inform the public at large and create awareness.
Petitioner’s Submission
Mr Vivek Punia represented the Petitioner. The Petitioner filed the plea seeking directions to be issued to the Delhi Govt. to frame policies. The PIL seeks instructions/guidelines norms for the proper wearing of all kinds of masks. It also seeks to issue and publicize these instructions for public welfare in times of COVID-19 pandemic.
Respondent’s Submission
Mr Naushad Ahmed Khan represented the Delhi Government. The Respondent submitted the counter-arguments regarding guidance for using a mask. They claimed that the Ministry of Health and Family Welfare already issued instructions. It stated “when and how to use masks”.
Court’s Observation
After hearing the arguments of both the side, the Court made an observation. The Court noted that there are pictorial narrations and presentations as to when and how to wear a mask. These guidelines are by the Union Health Ministry.
The Counsel appearing for the Petitioner had also taken this Court to Annexure P-6 to the memo of this petition. It shows the pictorial presentation by the World Health Organization.
Court’s Order
The Court said, “Looking to the fact that there are already guidelines issued by the Ministry of Health and Family Welfare, Government of India, on how to use masks by the public in this Covid-19 pandemic situation, we see no reason to give further guidance or directions in this regard to the respondents.”
The Court further added, “Nonetheless, respondent, if their experts so advise, may make necessary changes in the pictorial presentation or amend the guidelines.”
Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, Instagram, LinkedIn, Facebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.
