Pulkit Jain v. Government of NCT of Delhi and Anr.

1. This Public Interest Litigation has been preferred with the following W.P.(C) 3567/2020 2020:DHC:2113-DB prayers: “a) Issue a writ in the nature of Mandamus or any other writ, directing the Respondents to frame rules. issue and publicise instructions/guidelines norms for the proper wearing/usage/handling of all kinds of masks. b) Pass any further order(s) that this Hon'ble Court may deem it and proper in the facts and circumstances of the case.”

2. Looking to the facts and circumstances of the case, it appears that this petitioner is in search of framing of the rules and publication of instructions/guidelines/norms for the proper wearing or usage or handling of all kinds of masks in this Covid-19 pandemic situation prevailing in the NCT of Delhi.

3. Learned counsel appearing for both the respondents submitted that regarding “when and how to use masks”, requisite guidelines have already been issued by the Ministry of Health and Family Welfare.

4. Moreover, there is a pictorial narration or presentation also as to when and how to wear a mask. The same is annexed at Annexure P-4 to the memo of this writ petition which is issued by the Ministry of Health and Family Welfare, Government of India. For the ready reference, the same reads as under:

5. Counsel appearing for the petitioner has also taken this Court to Annexure P-6 to the memo of this petition which is a pictorial presentation by World Health Organization.

6. 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. Nonetheless, respondent, if their experts so advise, may make necessary changes in the pictorial presentation or amend the guidelines.

7. The pictorial presentation at Annexure P-4 to the memo of this writ petition, part of the guidelines issued by the Ministry of Health and Family Welfare, Government of India may be publicised on print as well as electronic media and also be displayed on the websites of all municipal authorities as well as on website of Delhi Cantonment Board so that public at large may come to know as to when and how to use the masks.

8. With these observations/directions, this writ petition is disposed of.

CHIEF JUSTICE PRATEEK JALAN, J JUNE 17, 2020 ns