A PIL was dismissed by a Division Bench of the Supreme Court of India filed by Advocate K. Sree Krishna challenging the Telangana Government order making masks mandatory for the General Public. The Bench comprising of Justice Sanjay Kishan Kaul and Abhay S. Oka made the observation that "IT does not behoove an advocate to file a PIL merely his perception mask should not be worn. If he wants, he can sit at home without wearing masks and not come out in open.

The petitioner, who is a practicing advocate, filed a public interest litigation aggrieved by the executive instructions issued by the Government of Telangana on 27.3.2021 in exercise of powers conferred under the Disaster Management Act, 2005 requiring masks to be worn at all public places, work spaces and public means of transport as mandatory. He sought to make out a case that face masks do not provide any protection from COVID-19 and making masks mandatory for general public and penalizing the general public for not wearing masks is an obsolete condition.

The Supreme Court observed "We are in complete agreement with the impugned order passed by the High Court with a caveat. They should have imposed costs on the petitioner for such a mis-conceived venture! The factum of the pandemic is known across the world. Across the world different governments have taken action and so has the Indian Government and the State Government trying to take steps to prevent the spread of the disease. It does not behove an advocate to file a public interest litigation merely because in his perception mask should not be worn. If he wants, he can sit at home without wearing the mask and not come out in the open.

We, thus, dismiss this mis-conceived petition with the costs of Rs.1,00,000/- to be deposited with the Supreme Court Advocates on Record welfare Fund within four weeks from today."

Case Details:-

SLP (C) No. 5186/2022

K. SREE KRISHNA Petitioner(s)
 VERSUS
THE STATE OF TELANGANA & ORS. Respondent(s)

Read the full judgment:-

https://main.sci.gov.in/supremecourt/2022/6926/6926_2022_3_60_38299_Order_19-Sep-2022.pdf