Madras HC refrains from venturing into administrative action of reopening cinema halls; however, asks Madras Govt. to review situation regarding Covid cases

Read Order: R.Sivamurugan Athithan vs. Union Home Secretary & Ors. 

Pankaj Bajpai

Chennai, November 10,2021: While dismissing the petition, seeking Mandamus on the action of the State Government permitting Cinema Theatres and Multiplex to open with 100% seating capacity by way of Press Release, the Madras High Court has opined that such notification by State 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, of no consequence, added the Court. 

A Division Bench of Chief Justice Sanjib Banerjee and Justice P.D Audikesavalu observed that the court cannot go on the insinuation or the innuendo and interdict an administrative order passed by an appropriate authority, unless the petitioner is able to bring some cogent material which demonstrates the adverse effect of the administrative action. 

The observation came pursuant to a petition, complaining of the State’s decision to open up cinema halls to 100 per cent seating capacity, despite the pandemic remaining such a threat. According to the petitioner, no standard operating procedure had been indicated in the notification of October 23, 2021 issued by the State for cinema halls or theatres to maintain as they open up completely. 

The High Court accepted the fact that the pandemic has not gone away and 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, added the Court.

Further, the Division Bench also noted that vaccination drive continues unabated and, particularly in urban areas, those willing have obtained double vaccination and there are murmurs now of a booster third dose being applied.

As to the petitioner’s complaint that no SOP for the purpose of opening cinema halls had been designed, the Bench said that it was evident 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 High Court therefore, while dismissing the petition, requested the State Government to review the situation depending on the number of cases at a particular locality or city or town.