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In a Public Interest Litigation (PIL) before the Calcutta High Court, challenging the mask mandate of the central government which was issued in wake of Covid-19 outbreak, a Division Bench of Chief Justice Prakash Srivastav and Rajarshi Bharadwaj has directed the State government to file a report.

The Chief Secretary, Government of West Bengal and Home Secretary, Government of India had mandated wearing of mask via various notification(s). The petition filed by a social activist, Jagdish Chanda avers that West Bengal police have arrested people for not wearing mask under Section 53 of Pandemic Act and 188 of IPC, which are not applicable. 

The petitioner has submitted that wearing of mask gives a 'false sense of security' and that it may adversely affect already infected people. The petitioner has also referred to World Health Organization (WHO) report of 2020 which states that there is compelling evidence that use of mask can significantly prevent transmission of Covid-19. The petitioner in his petition has also averred to various report which enlists harmful effects of wearing masks. The petitioner has taken the example of various countries which are now ask free countries to substantiate his stance. 

The petitioner has submitted that the arrest carried out by police is arbitrary and violative of Article 19 and 21 of the Constitution. Hence, the petitioner has ask for setting aside the guidelines of Government regarding wearing of mask in public. 

Petitioner is represented by Adv. Arunangshu Chakraborty and Adv. Yashraj Roy. 

Jagdish Chanda v. State of West Bengal & Ors.