Telangana High Court Dismisses Plea Against the Relaxation of Lockdown Norms

Must Read

Petition Filed in Delhi High Court Challenging the New Privacy Policy of WhatsApp

A petition has been raised before the Delhi High Court challenging the updated privacy policy of the instant messaging app, WhatsApp. It is accused of looking into the virtual activities of the users,

Bombay High Court Says Pleas Against the Rejection of Nomination Before the Polls Is Not Maintainable

Bombay High Court on Wednesday held that a candidate cannot challenge his nomination by filing a writ petition before a court prior to the polls after his nominations have already been rejected by the Returning Officer (RO) for the Panchayat elections of January 15.

Bombay HC: It Will Be Difficult if Civic Bodies Don’t Take Action on Illegal Constructions

The Bombay High Court said on Wednesday that if the Municipal Corporations do not take action on the illegal constructions, things will become very difficult. This observation was made by a bench comprising Chief Justice Dipankar Dutta and Justice Girish Kulkarni while hearing a PIL after the Bhiwandi building collapse on September 21st, 2020 which led to the death of 39 lives. Mumbai Thane, Ulhasnagar, Kalyan-Dombivli, Vasai-Virar, Navi Mumbai, and Bhiwandi-Nizampur corporations were filed as respondents.

Uttarakhand High Court Directed State Authorities To Frame SOP Regarding Kumbh Mela 2021

Noticing the commencement date of Kumbh Mela 2021 amid pandemic from 27 February 2021, the Uttarakhand High Court on Monday expressed concern with regard to organizing and conducting of the Mela and directed State Authorities to discuss and resolve the logistical problems which can come in organizing the Mela during the pandemic time.

Writ Petition Not Maintainable Against Mahindra Finance, Being a Purely Private Body: Allahabad High Court

The Allahabad High Court reiterated that Writ Petition against the purely private body is not maintainable and dismissed the petition which was filed against Mahindra Finance Bank as Arif Khan v. Branch Manager Mahindra Finance Sultanpur & Another.

Publication of Notices for Inter-Faith Marriages No Longer Mandatory: Allahabad High Court

The Allahabad High Court has passed a landmark judgment that likely brings relief to inter-faith marriage. The Court on Wednesday said that the mandatory publication of Notices of Inter-Faith marriages will now be optional to protect the Privacy and Liberty of the Couple. The Court observed that the publication of the notice would “invade the fundamental rights of liberty and privacy”. Therefore, it has made it optional for the couple, they can now request in form of writing to a marriage officer to publish or not to publish a notice regarding the marriage.

Follow us

The Telangana HC observed on 06.07.2020 that the Court cannot interfere with the policy decision unless the policy decision violates the fundamental rights of the Constitution.

Brief Facts of the Case

The outbreak of the COVID-19 pandemic has created health crises in the entire world. The Government of Telangana has imposed a lockdown on 22.03.2020. The Government has imposed a lockdown for the interest of public health and safety. There was partial relaxation from time to time to the lockdown norms.

From 08.06.2020, the State has permitted further relaxation on the lockdown. The relaxation is in the containment zones on the activities of the following places:

1. Religious places/places of worship for the public.

2. Hotels, Restaurants, and other hospitality services.

3. Shopping malls (other than gaming centers and cinema halls.)

The petitioner is a Human Rights Activist. He has filed the PIL challenging the action of the State/respondent authorities. According to him, the action of the State is arbitrary, and illegal. This violates Articles 14, 19, 20, and 300-A of the Constitution of India.

Submission of the Petitioner

There is a drastic increase in the number of COVID-19 cases. The Government has suppressed the number of deaths of the patients. There is no transparency in media bulletins about the total tally of cases. He has given a reference to various news items in the national dailies, the “The Hindu” and “Times of India”. He has submitted that the health system is tottering. In the event of a sudden surge in the number of cases, the medical system would collapse. Thus, it may cause dearth of beds in hospitals. It may also cause hardship to public the poor strata of society. Hence, the Government should extend the lockdown instead of being rolled back.

Prayer of the Petitioner

The petitioner has sought consequential reliefs to –

  • Firstly, direct extension of lockdown;
  • Second, equip the entire public health system;
  • Furthermore, provide safety precautions for the entire medical fraternity and the paramedic workers;
  • Open religious places after reviewing the situation by an expert committee;
  • Provide interim cash transfer of Rs.7,500/- for all White Ration card holders. That will help them sustaining for this month.

Observation of the Court

The Court cannot decide anything against the relaxation of lockdown. The Government will decide the certain activities outside the containment zones. The High Court has got limited jurisdiction. High Courts cannot interfere with the policy decisions of the State. Various factors prevail upon the State to relax the lockdown. The Court has given the reference of economic hardship and movement restrictions. The Court has mentioned the livelihood of worker class etc. There is no need to visit any religious place. Even, there is no need to visit hotels, restaurants or shopping malls. Health Bulletins are issued from time to time on daily basis. It includes cautioning general public to maintain social distancing. It also includes the usage of face masks, gloves, hand sanitizer etc.

Further Reasoning  by Court

This Court cannot sit as an appellate Court over a policy decision of the State. Furthermore, the interference of Constitutional Courts in the policy decision is very limited. Courts can interference only when such a policy decision violates fundamental rights. Thus, the Courts can interfere with a policy decision only in the rarest of the rare cases. The power of judicial review is a plenary power. It is part of the basic structure of the Constitution of India. The policy-making is in the exclusive domain of executive authorities.

The strength of democracy depends upon each organ of the State. One organ has to respect the functions and decisions of the other organs. But, the smooth functioning of the Executive has no need for Judicial interference. Courts have to respect the decisions of the popular government. Therefore, the policy decision subserves the public interest. Hence, the state dispensation takes into consideration several factors before formulating any policy decision.

The Court cannot grant the said reliefs to the petitioner. It will amount to advising the Executive in the matter of policy decisions. Needless to say, the writ court cannot usurp and encroach upon the powers of the Executive. For, it would be an anathema both to the doctrine of separation of powers and to the system of democracy.

The decision of the Court

Hence, the Court did not find any merit in the writ petition. Hence the case was dismissed.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Petition Filed in Delhi High Court Challenging the New Privacy Policy of WhatsApp

A petition has been raised before the Delhi High Court challenging the updated privacy policy of the instant messaging app, WhatsApp. It is accused of looking into the virtual activities of the users,

Bombay High Court Says Pleas Against the Rejection of Nomination Before the Polls Is Not Maintainable

Bombay High Court on Wednesday held that a candidate cannot challenge his nomination by filing a writ petition before a court prior to the polls after his nominations have already been rejected by the Returning Officer (RO) for the Panchayat elections of January 15.

Bombay HC: It Will Be Difficult if Civic Bodies Don’t Take Action on Illegal Constructions

The Bombay High Court said on Wednesday that if the Municipal Corporations do not take action on the illegal constructions, things will become very difficult. This observation was made by a bench comprising Chief Justice Dipankar Dutta and Justice Girish Kulkarni while hearing a PIL after the Bhiwandi building collapse on September 21st, 2020 which led to the death of 39 lives. Mumbai Thane, Ulhasnagar, Kalyan-Dombivli, Vasai-Virar, Navi Mumbai, and Bhiwandi-Nizampur corporations were filed as respondents.

Uttarakhand High Court Directed State Authorities To Frame SOP Regarding Kumbh Mela 2021

Noticing the commencement date of Kumbh Mela 2021 amid pandemic from 27 February 2021, the Uttarakhand High Court on Monday expressed concern with regard to organizing and conducting of the Mela and directed State Authorities to discuss and resolve the logistical problems which can come in organizing the Mela during the pandemic time.

Writ Petition Not Maintainable Against Mahindra Finance, Being a Purely Private Body: Allahabad High Court

The Allahabad High Court reiterated that Writ Petition against the purely private body is not maintainable and dismissed the petition which was filed against Mahindra Finance Bank as Arif Khan v. Branch Manager Mahindra Finance Sultanpur & Another.

Publication of Notices for Inter-Faith Marriages No Longer Mandatory: Allahabad High Court

The Allahabad High Court has passed a landmark judgment that likely brings relief to inter-faith marriage. The Court on Wednesday said that the mandatory publication of Notices of Inter-Faith marriages will now be optional to protect the Privacy and Liberty of the Couple. The Court observed that the publication of the notice would “invade the fundamental rights of liberty and privacy”. Therefore, it has made it optional for the couple, they can now request in form of writing to a marriage officer to publish or not to publish a notice regarding the marriage.

Bombay High Court to NIA: Consider Health and Age of Varavara Rao Before Opposing His Bail Plea

The Bombay HC on Wednesday observed that ‘we are all humans’ and asked the National Investigation Agency and the Maharashtra Government to consider the health and age of the Telugu poet-activist Varavara Rao before making submissions in response to his bail plea application on medical grounds.

Supreme Court Agrees To Examine Centre’s Plea To Keep Adultery a Crime in Armed Forces

The Centre appealed to the Supreme court on Wednesday, pleading that the 2018 judgment of decriminalizing adultery under IPC must not apply to the armed forces. The Supreme Court in a path-breaking verdict in 2018 decriminalized adultery and declared all its provisions unconstitutional as it diminishes the value of women, but maintained that it continues to be a ground for divorce.

Supreme Court Examines the Pollution in Yamuna River for the Second Time

The Supreme Court on Wednesday made a second attempt to clean the Yamuna river by taking a Suo Moto Cognizance of significantly high levels of ammonia water discharged from neighbouring states like Haryana into Delhi.

Fetus Suffering From Anencephaly, Woman’s Plea To Terminate 28-Weeks Pregnancy Allowed by Delhi HC

Based on the report of the medical board constituted by AIIMS, the Delhi High Court on Monday allowed a petition filed by a woman seeking the termination of her 28-weeks pregnancy. They said in its report that the fetus suffered from anencephaly, a disorder where the skull bone is not developed and was thus incompatible with life, therefore her fetus can be aborted.

More Articles Like This

- Advertisement -