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SANJAY KISHAN KAUL, ABHAY S. OKA
K. Sree Krishna – Appellant
Versus
State of Telangana – Respondent
ORDER
1. Application seeking permission to appear and argue in person is allowed.
2. The petitioner, who is a practicing advocate, filed a public interest litigation aggrieved by the executive instructions issued by the Government of Telangana on 27.3.2021 in exercise of powers conferred under the Disaster Management Act, 2005 requiring masks to be worn at all public places, work spaces and public means of transport as mandatory. He sought to make out a case that face masks do not provide any protection from COVID-19 and making masks mandatory for general public and penalizing the general public for not wearing masks is an obsolete condition.
3. Further submissions which was made was that the Government of India and the State of Telangana are subjecting the citizens to unnecessary plotted measures in the name of health precautions. He seeks to also assail the carrying out of the tests.
4. The aforesaid petition of the petitioner was rejected by the impugned judgment dated 21.10.2021 noticing that the petitioner who appeared in person was heard at length, was not an expert in the field of virology and wanted the Court to conduct a roving enquiry in respect of measures undertaken by the
Courts may dismiss public interest litigations challenging public health measures if the petitioner lacks expertise in the relevant field and the measures are in line with global efforts to prevent t....
The main legal point established in the judgment is the importance of wearing masks during the Covid-19 pandemic and the need for proper research and material in public interest litigations.
Courts must discourage frivolous PILs and ensure that substantial public interest is involved before entertaining a petition.
Public officials must adhere to prescribed procedures and rates for spending public money, even in emergency situations such as the Covid-19 pandemic.
The court may dispose of a petition as infructuous if the reliefs sought have already been addressed.
The main legal point established in the judgment is that the imposition of e-pass requirements for movement during the COVID-19 pandemic was reasonable and not arbitrary, considering the acute surge ....
Public Interest Litigation - Health delivery system in the State of Uttar Pradesh - Not maintainable as petition not espousing cause of any member of a disadvantageous section of society or any perso....
Rules and Regulations - Violation of Regulations, 2020 – Prevention of disease and controlling spread of disease - Not wearing mask – Challans – Challenged – A vehicle even if occupied by only one pe....
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