RT-PCR Test Condition To Enter Karnataka In 'Larger Public Interest' : Supreme Court Dismisses Kerala MLA's Plea

The bench of Justices L Nageswara Rao and BR Gavai observed that the circulars issued by the State of Karnataka cannot be interfered with in larger public interest.

Noting that there was no violation of the fundamental rights of persons in Kasargod district, the bench in their order noted,

"The rights of movement of intermediaries from State of Kerala to State of Karnataka is not restricted. There is no violation of fundamental rights of persons in Kasargod district. Circulars issued by the State of Karnataka cannot be interfered with in larger public interest. The special leave petition is dismissed."

The Top Court in their order said,

"There is no restriction of movement of citizens from Kerala to Karnataka. The circular issued by Karnataka insists on RT PCR negative CoVID certificate from people travelling from Kerala to Karnataka. The earlier restrictions have been relaxed by the State by issuing a revised circular dated July 31, 2021 which had relaxed the requirement for RAT or RT PCR test taken within a period of 15 days from date of travel. This was done in the interest of students, business professionals and others."

The Bench also granted the MLA liberty to make representation to the State of Karnataka for relaxation of the conditions for entry of people from the northern part of Kerala to the State of Karnataka.

Advocate Harees Beeran appearing for the MLA AKM Ashraf submitted that the people in Kasargod depended on Mangalore city for education, health care and other needs. It was also his contention that their travel to Mangalore on a daily basis was limited by the circular issued by the State of Karnataka whereby commuters from Kerala to Karnataka were required to produce a negative RT PCR test.

Pressing for issuance of notice on the limited issue, Advocate Harees Beeran relied on the guidelines dated August 25, 2021 wherein the Central Government had directed the State Governments and Union territories to not place any restrictions on inter state and intra- state movement of persons and goods by air, water or road. He also referred to clause 6(3) of the same by which the Government of India had recommended for exempting the vaccinated asymptomatic persons from mandatory requirements of the RT PCR report.

Case Before Kerala High Court

The writ petition before the High Court sought urgent orders to allow free movement of daily commuters of people of Kerala to Karnataka by lifting the mandatory condition to possess a negative RT-PCR Certificate taken within 72 hours of travel, irrespective of having taken at least one dose of Covid Vaccine.

The petitioner challenged the following two orders before the Kerala High Court:

• Order dated 31.07.2021 issued by the Chief Secretary, Government of Karnataka directing that for entry from Kerala to the State of Karnataka the travellers including students, professionals, businessmen who travel on a daily basis will have to undergo RT PCR test even if they are fully vaccinated.
• Order of Deputy Commissioner directing to close the Kerala - Karnataka Border and to cancel the Government Transport buses seeking to pass through the said border.

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly cited territorial jurisdictional irregularities in the matter while dismissing the petition.

Details Of The Petition

According to the petitioner, the Kerala High Court's decision to dismiss his petition for want of territorial Jurisdiction since impugned order was passed by the State of Karnataka was incorrect and the cause of action in the present matter was clearly within the State of Kerala, as effect of these two orders are felt gravely by the people of Kerala.

The petitioner had further submitted that the effect of these orders falls on the students and the public visiting the state every day for education, business, Job, medical treatment and other reasons have been asked to undergo a RT-PCR test which is practically impossible and makes no sense for daily commuters.

"The High Court under Art 226 (2) has ample jurisdiction to issue a Writ against any Government even if the seat of such Government is outside its territory. Therefore, the Kerala High Court had jurisdiction to issue a writ against the Government of Karnataka against the order dated 31.07.2021 passed by the Government of Karnataka", the petitioner had argued.

The petitioner had also argued that Karnataka Government's order is in conflict with the directions issued by the Central Government on 25th August directing State Governments to not mandate RT-PCR test for fully vaccinated peoples to cross from one state to another.

Case Details: AKM Ashraf vs State of Karnataka & Ors

Click Here To Read/Download The Order