[COVID-19] No alarm of immediate third wave: Madras High Court dismisses PIL challenging 100% occupancy in cinema halls

The Madras High Court on Monday dismissed a public interest litigation (PIL) petition that challenged the State government's decision to allow cinema halls to operate at 100 percent occupancy [R Sivamurugan Athithan v. Union Home Secretary & Ors]..The Division Bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu opined that the recent statistics do not indicate a looming third wave of the pandemic. However, it did so with a caveat that there should be no complacency in the matter."There is no doubt that the pandemic has not gone away; the debate is still on whether only its tail is left. The recent numbers, despite the festive season, does not raise any alarm of an immediate third surge. Though there is no room for any complacency in such regard."The Court did, however, ask the State to "review the situation depending on the number of cases at a particular locality or city or town.".Elaborating on its decision to not intervene with the decision of the State government, the Bench said that the courts should be slow in entering into the administrative domain without there being any concrete material to disprove the basis on which the government had taken the decision."In such a scenario, it is expected that the State Government would have taken the pros and cons into consideration before issuing the impugned notification and permitting cinema halls, theatres and like places to be opened up to the extent of 100 per cent of the seating capacity. There is a presumption in favour of the State that when it does something, it does upon taking into account relevant considerations.".The Court issued the order on a petition filed through advocates J Antony Jesus and Ramkumar Adityan B, which alleged that the film industry and theatre circles have been favoured ahead of others as the lockdown has been lifted completely for them to be able to conduct business.It was pointed out that schools have not been allowed to open completely and vital mid-day meals are not being provided either..The petitioner also assailed the decision of the government on the ground that it indicated no standard operating procedure that cinema halls must maintain as they open up completely.However, the Court noted that the only protocol advised to be followed in all public places was wearing of masks and maintaining physical distance, which has not been done away with."The fact that no special SOP has been devised for cinema halls and theatres is, thus, of no consequence," the Court said..The Court concluded that the contentions of the petitioner do not effectively or sufficiently demonstrate the adverse effects of the government's administrative decision, and therefore, declined to entertain the PIL..[Read Order]