Supreme Court stays Gujarat High Court order on community service for not wearing masks

New Delhi: The Supreme Court on Thursday stayed a Gujarat High Court interim order – which directed that all those caught without wearing masks be to put in compulsory community service at the state’s Covid-19 centres – describing it as harsh and disproportionate.

A bench comprising Justices Ashok Bhushan, R Subhash Reddy and M R Shah passed the stay order on an appeal by the state government against the decision, with the caveat that the government will impose a fine of ₹1,000 on those caught without wearing masks and not maintaining social distancing. The state, through solicitor general of India Tushar Mehta, argued that the thet order only exposed the violators to a higher health risk. Mehta argued that though the “problem” of people not following the mask norm was acute, the High Court order was “not a solution”. “The cure is more harmful than the disease,” he said. He said the order, which was “well-intentioned”, had the effect of exposing those caught without using a mask to a higher health risk. “This increases the risk.” Justice Shah agreed it was a very difficult order to execute and implement. He, however, expressed concern over the fact that mask and social distancing norms were not being followed. “There was no political will to implement these norms,” he said.