Written by Neha Virmani
On Monday division bench of Madras High Court consisting of PD Audikesavalu & Sanjib Banerjee dismissed the PIL petition (R Sivamurugan Athithan v. Union Home Secretary & Ors.) which challenged the state government’s decision which allowed cinema halls to operate with 100% occupancy.
The bench while dismissing the plea stated that “the recent statics do not indicate the third wave of pandemic; however, the court further stated that no doubt that pandemic has left our lives but the recent number tally of corona cases during festive season, does not raise alarm of any immediate surge.”
Although, the court directed the state government to periodically review the situation of the state and take further action accordingly.
The bench while dealing with the plea made an observation that the judiciary has to be careful before encroaching into the domain of administration as they have to maintain separation of power. Although, the court noted that the necessary protocol has to be followed in all public places and concluded by stating that they cannot adversely affect administrative decision and thus declined the petition.