KRISHNA KUMARI CHETTRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The petitioners has preferred the present writ petition against the State-respondents seeking various reliefs. They were aggrieved by the impugned order dtd. 23/5/2020 issued under the signature of the respondent no.2 alleging violation of prohibitory orders and directives and non-compliance of the Standard Operating Procedure for social distancing in the Body Vibes Gym, Rangpo Bazar run by the petitioners. The impugned order, in purported exercise of the powers conferred under Sec. 51(b) of the Disaster Management Act, 2005 (the Act) read with Sec. 3 (b) of the Sikkim Public Health and Safety (Covid-19) Regulations, 2020 directed the sealing of the said premise.

(2.) On 17/6/2020 the respondent no.2 issued another impugned order under Sec. 51 of the Act directing the respondent no.3 to register a case against the Body Vibes Gym as per the provisions of Sec. 51(b) of the Act. Pursuant thereto First Information Report (FIR) No. 20 of 20 dtd. 20/6/2020 was registered at the Rangpo police station under Sec. 188 of the Indian Penal Code, 1860 (IPC). Both these orders as well as the FIR have been challenged in the present writ petition.

(3.) On 17/9/2020, I.A. No. 01 of 2020 preferred by the petitioners was heard by this court. Pursuant thereto the impugned order dtd. 23/5/2020 was stayed. On so doing Body Vibes Gym was de-sealed and it started its activities.