Decision To Shut Down Movie Theatres Taken In Public Interest, After Consultation With Experts: State Submits Before Kerala High Court

The Kerala government in its statement filed before the High Court has attacked the maintainability of the plea seeking approval to run cinema halls with 20% intake in the State. 

The petition was filed by an organisation of film exhibitors in the State challenging the recent Government Orders dated 20th and 24th January 2022 which imposed restrictions on the functioning of movie theatres in the State in the wake of rising Covid-19 cases.

The respondents have submitted that at the very outset, the plea has failed to make out any case for the court's interference into the Orders. 

"Omicron variant of COVID virus is fast spreading in the country and in the State. The State Government had adopted a policy to do all that is necessary to control the virus spread, while to the extent possible, keeping the livelihood of people unaffected or at least affected," the statement reads.

The State also added that it is constantly monitoring the availability of health infrastructure, including oxygen beds and ICUs in the State apart from ensuring that no patient is denied medical treatment if required.

It has been contended that to secure this, it is important to attempt to contain the spread of the virus and to keep it from spiraling out of control. 

The respondents also pointed out that in Category C districts, the functioning of swimming pools and gymnasiums are not permitted, contrary to what has been submitted by the petitioner. 

It is for the same reason that the theatres were recently shut down as well, it has been highlighted. 

The statement further discloses that the decision to close down movie theatres was taken in consultation with health experts and other officials.

Although the petitioners attempted to make out a case of discrimination, the respondents asserted that any discrimination must be among equally placed or similarly situated to be hostile.

As long as there is no case of institutional bias against theatres on part of the State Government, they argue that the petition does not stand. 

Regarding the malls being still open, the State has pointed out that, unlike theatres, malls are visited by a moving population and nobody stays at the same place for long in the air-conditioned atmosphere. 

It was added that malls sell essential articles and that they function with strict adherence to Covid-19 protocols.

The petitioners' argument that movie theatres functioning in the neighbouring States was rejected as invalid on the ground that the conditions prevalent in Kerala are different, including the density of population.  

The test positivity rate in the State has been bordering 50% for the last few days and it was in light of this that the government has imposed the impugned restrictions. 

"The impugned restrictions have been implemented to address public health concerns and in the interest of the residents of the State as a whole. It is trite and settled law that individual fundamental rights must bow down to public good." 

As such, the State has prayed that the Court may not substitute the wisdom of the experts in its exercise of the discretionary jurisdiction under Article 226. 

The plea filed through Advocate Arun Chandran elaborated on how the Malayalam film industry has faced a setback since the inception of the pandemic which led to cinema halls and multiplexed being closed down for 19 months.

However, when the third wave of the pandemic hit, the State issued a Government Order which ironically let malls, theme parks and wedding halls function with adherence to protocol but completely shut down cinema halls, swimming pools and gyms.

It was highlighted that there was no case for the State that cinema halls and their operations have resulted in an increase in the number of cases in any manner, whereas reports suggest that the functioning of the malls offering reduction sales is contributing to the increase of reported cases.

It was also urged that only Kerala had such restrictions imposed on cinema halls and theatres whereas, in the neighbouring States, they were allowed to function with strict adherence to Covid-19 guidelines.

On these grounds, it was argued that it is appropriate that the petitioner and the member are allowed to run the cinema halls with the intake of 50 percentages by strictly adhering to Covid protocol and guidelines issued by the authorities from time to time.

Case Title: Film Exhibitors United Organisation of Kerala v. State of Kerala & Ors.