'No Alarm Of Immediate Third Covid Wave': Madras High Court Refuses To Interfere With GO Permitting Theatres To Operate At 100% Capacity

A Division Bench of Chief Justice Sanjib Banerjee and Justice P.D Audikesavalu observed that the pandemic might not have gone away, but the number of cases has surely subsided, and there is 'no alarm of an immediate third surge'.

The Bench also noted that the vaccination drive is currently being carried out in full force, especially in urban areas. There are also rumours about booster doses, it said.

That being the case, the court was of the opinion that the state government must have balanced the pros and cons of such an administrative decision before permitting the theatres to operate with full seating capacity.

Regarding the government notification, the court noted:

"There is a presumption in favour of the State that when it does something, it does upon taking into account relevant considerations."

The bench opined that courts will be reluctant to interfere with administrative actions unless any adverse effect of such action can be shown by the concerned persons. In the absence of the same, the court cannot rely on mere insinuations to put a spanner in the works of administrative decisions.

"Unless the petitioner is able to bring some cogent material which demonstrates the adverse effect of the impugned administrative action, the court cannot go on the insinuation or the innuendo and interdict an administrative order passed by an appropriate authority," it said.

The petitioner contended that no Standard Operating Procedure has been mentioned in the notification even when it allows the complete opening up of cinema halls. Further submission of the petitioner was that the film industry has been unduly favoured over other industries with the lockdown being lifted completely. The petitioner also tried to draw the attention of the court to the current status regarding the physical functioning of schools and the lack of mid-day meals for children, and argued that the lifting of restrictions over cinema halls in such a context was uncalled for.

In this regard, the court made clear that most places have almost fully opened up and the only protocol that is being insisted upon is to wear the mask and maintain the distancing norm.

"The impugned notification does not do away with the adherence to the Covid protocol at cinema halls and theatres. The fact that no special SOP has been devised for cinema halls and theatres is, thus, of no consequence."

While dismissing the writ petition, the court has requested the government to reconsider its decision with respect to any particular locality or town depending on the further surge in Covid-19 cases.

Case Title: R.Sivamurugan Athithan v. Union Home Secretary And 2 Ors.

Case Title: WMP(MD) 16386/2021