Lawstreet Journal

Cannot direct State to compensate for all COVID-19 victims: Madras High Court [READ ORDER]

Lawstreet Journal 12 Jun 2021 4:07pm

Image courtesy: Lawstreet Journal Judiciary Cannot direct State to compensate for all COVID-19 victims: Madras High Court [READ ORDER]

The Madras High Court on Tuesday (June 8, 2021) pointed out that the Court could not issue a writ of mandamus directing all Covid victims to be compensated, irrespective of the financial position that the families may be in.

These directions came in a petition seeking a writ of mandamus directing the state to compensate the kith and kin of those who succumbed to Covid. [R. Boomiraj v. Government of Tamil Nadu.

The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy stated that the issue raised in this plea was a matter of pure policy that the executive must decide on and that the Court can scarcely interfere therein. 

“It has become a habit in this Court to invoke the extraordinary jurisdiction under Article 226 of the Constitution by way of public interest litigation, sometimes for self-publicity, to seek extraordinary orders that the judiciary may just not be competent to pass,” the Court said.

The functioning of democracy depends upon the strength and independence of each of its organs and hence legislature, executive, and judiciary must function within their own sphere demarcated under the Constitution and no organ can usurp the functions assigned to another.

While pointing out that several schemes have been introduced at the Center and State level that provides relief to certain classes of people, the Court stated that such issues are a matter of policy that are best left to be decided by the executive. After all, the State Administration cannot function with… Continue Reading...

Tagged: Madras High Court   Corona Updates  
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