IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CIVIL WRIT JURISDICTIOIN)

WP (C) NO. 659512020

IN THE MATTER OF:- SAURABH SHARMA

VERSUS

... PETITIONER

SUB-DIVISIONAL MAGISTRATE (EAST) & ORS. .... RESPONDENTS

INDEX NEXT DATE - 0 7 . 0 1 . 2 0 2 1

Short Affidavit on behalf of Respondent 1 Yo. 5

1 ~ r . NOS. 1 Particulars Page Nos,

Place : New Delhi Date : 08.12.2020

2 .

(Farman Ali) Senior Panel Counsel, Union of India,

Advocate for the Respondent No. 5 Flat 602, Tower 1 1, Supreme Towers,

Sector 99, Noida-20 130 1 Mobile No. 9469448888

Email ID : 1 1 farman 1 1 Ggmail .corn

Proof of Service 4

IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) NO. 6595 of 2020

IN THE MATTER OF

SAURABH SHARMA . . . . . . .PETITIONER

vs.

SHORT AFFIDAVIT ON BEHALF OF RESPONDENT N0.5

I, Rajender Kuinar , aged about 45 years, son of Shri Yad Ram,

presently posted as Under Secretary, Department of Health and

Family Welfare, Ministry of Health and Family Welfare, Govt. of

India, Nirman Bhawan, New Delhi, the Deponent, state and affirm on

oath as under:-

1. That, in my official capacity and on the basis of documents

made available and perused by me during the discharge of my

official duties, I am well aware of the facts and circumstances

of the case and have understood the contents thereof.

2. That Public health and hospitals is a State subject being placed

in Entry 6 of the List I1 of Seventh Schedule of the Constitution

of India which reads as "Public health and sanitation; hospitals

and dispensaries". Accordingly, the public health and hospital

is primary and exclusive responsibility of each State of the

Country.

3. That under the provisions of Section 22 of the Disaster

Management Act, 2005, the State Executive Committee is

empowered to implement the guidelines issued by Government

of India, in its local context and epidemiology.

4. It is respectfully submitted at the outset that the country is

facing a global pandemic COVID- 19 of unprecedented nature

and the Government of India, in collaboration with the States

Governments, has talcen, and is taking all possible measures to

tackle this infection to the best of abilities. It is due to all these

efforts and prompt, scientific response from the Government

that the worse impact of COVID-19 has been contained to a

large extent, especially in comparison to many other countries.

5. It is humbly submitted that the answering Respondent has not

issued any guidelines directing people to wear mask while

travelling alone in a vehicle.

6. It is humbly submitted that health is a State Subject and

therefore, the present matter prima facie pertains to Respondent

no.1. Therefore, the answering Respondent may kindly be

deleted from the array of parties.

7. That, liberty is further craved in making such other and further

submissions/filing Additional Affidavit as may be required in

the facts of the case subsequently or as may be directed by this

Hon'ble

In reply to prayer clause, it is humbly submitted that in the light

of the facts and circumstances of the present matter, it is prayed

that this Hon'ble Court may kindly be pleased to delete the

answering Respondent from the array of parties and pass any

otherlfurther order in the interest of justice in the above stated facts

and circuinstances of the case.

3 ~ 6 DEPONENT

Verified at Delhi on 7th December, 2020 that the contents of the present affidavit are true and correct to my ltnowledge and belief and no part of it is false thereof.

- 8 DEC 2020