Face Mask Against Face Cover: Controversy Still Unsettled In Delhi High Court Judgement Of 'Sudesh Kumar Vs. Govt. Of NCT Of Delhi W.P. (C) 9408/2020'?

Discipline demands a decision to obey in India and during the pandemic COVID-19 recurrence phase, the judgement passed by the High Court of Delhi has come out as a prima facie reflection of larger public good for the people in Delhi, in holding a vehicle to be a public place even if occupied by only one person for the purpose of wearing a mask compulsorily, however with the observation that 'Wearing of masks cannot be made an ego issue' since a mask is stated to be a 'Suraksha kavach' for preventing the spread of the corona virus, as one reads through para nos. - emphasis supplied The petition, in essence carried the fundamental issue with it as to whether the term 'Face Cover' differs from the term 'Face Mask' and whether the Regulations, 2020 did not recognize Face Cover in the form safa/dupatta/scarf as materially compliant for the purposes of such regulations read with the National Directives for COVID-19 Management as were issued then, by the Ministry of Home Affairs, Government of India. The explanation was also enclosed therein, concerning the justification to treat such application under 'Life or Liberty' provision created in the Act, the same is being reproduced herein below: "The liberty and also life of the applicant and all others is severely prejudiced and restricted due to prosecution being made by state officials on account of implementation of the unlocking order issued by the Ministry of Home Affairs, Government of India particularly in respect of wearing a face cover while being in transport, however the term 'face cover has not been defined or otherwise described' in any manner and thus creating a confusion as to whether simple pieces of cloth or handkerchief wrapped around the face or face shield if used would be taken as true and complete compliance of the order issued." Although the Ministry of Health and Family Welfare, Government of India did make a clarification in September, 2020 and further recorded the said submission in an affidavit filed before the Hon'ble High Court of Delhi, that it has not issued any guidelines directing people to wear a mask while travelling alone in a vehicle, as reported by news agencies namely ANI, Mint, Business World, The Print and several others, the same did not find any mention in the judgement passed.