Management Act 2005, in his capacity as Chairperson, State Executive Committee, Union Territory of Chandigarh, constituted under this Act, passed an order dated 09.04.2020. As per the above-mentioned order, due to COVID-19 pandemic, all people in public places like streets, hospitals, offices, and markets must wear a 3-ply mask or cloth mask compulsorily. The promulgation declared that if instructions are not complied with, it would be a violation and shall be punishable under Section 188 IPC. On 12.04.2020 at 6.30 AM, the police party noticed the petitioner near Math Mandir, Sector 20, Chandigarh, without wearing a mask. On inquiry, he disclosed his name and address, as mentioned in the petition, and he also stated that he had come for a morning walk. When the petitioner was asked to wear a mask, he did not cooperate and argued with the police; as such, an FIR was registered against him. After completing the investigation, the file was sent to the District Magistrate, and after examining, the District Magistrate concluded that an offence under Section 188 IPC was committed, and District Magistrate drew up a complaint under 195 CrPC for the prosecution of the accused. As per para 6 of the reply, the original complaint was duly signed by the District Magistrate, and the same was sent to the police so that the same could be filed before the Competent Court and the District Magistrate has been cited as a witness in the said complaint.
