Can’t direct relief to all COVID victims, says CJ

Slamming public interest litigants of making it a habit to move pleas seeking extraordinary orders, the Madras High Court on Tuesday dismissed a petition that sought for a direction to the government to grant compensation to lawyers and their families who had fallen victim to COVID-19.

Pointing out that it could not direct the government to grant compensation to lawyers and their families just because the bar is close to the bench, the first bench comprising chief Justice Sanjib Banerjee and Justice Senthilkumar

Ramamoorthy reiterated that it was a matter of policy for the State to extend relief to select group of COVID victims. The court could not direct the government to compensate all victims, it added.

“The State decides the extent of relief or to what extent it can extend such relief on any calamity or disaster. The court cannot issue a mandamus seeking the government to extend compensation to all COVID victims irrespective of the financial position the family is in,” the bench said.

It also pointed out that extending relief was a pure executive action to be taken on the basis of the policy evolved by the government of the day by relying on the data gathered in such regard.

“In any event, several schemes have been put in place both at the State and central level for providing relief to certain classes of people by way of food or financial assistance, and such matters are best dealt with by the executive without interference by the court,” the bench added.

The bench also pointed out that extending relief was an executive action to be taken on the basis of the policy evolved by the government