Karnataka Govt To Modify Curbs On Travel From Kerala After HC's Observation That Inter-State Roads Can't Be Blocked

A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty said:

"If you want to create infrastructure for checking of reports etc you can do it. Otherwise you cannot simply keep the roads closed like this. Create infrastructure and allow."

Advocate M N Kumar appearing for the Union of India submitted that "As far as Union of India is concerned we have not ordered for closure of any roads."

When the bench asked the Central Government Counsel to respond to the petitioner's argument that the Karnataka's action of closing roads was contrary to the guidelines issued by the Union government, the counsel said :

"It is clearly stated in the guidelines, there shall be no such restrictions, they have to keep roads open. As far as testing is concerned that only district authorities can take a decision, there is no restriction for movement of any person. The order issued is extended till March 31."

The State government counsel submitted an affidavit to the court stating that ambulances and medical emergency cases are allowed entry. The court observed that the modified order of the state government allows ambulances only through the four checkpost which are open. Thereby, the other roads remain closed.

Following which, the government counsel informed the court that there is a proposal to modify the order further and he sought time till March 9, to place on record the modified order.

The bench in its order said:

"AGA while tendering affidavit states that the process of modifying the order that is challenged is being undertaken. Standing counsel for the Central Government reiterates that guidelines issued by the Ministry of Home Affairs on Jan 27, 2021, are binding and the same is in force till the end of this month."

It added "State will have to take a call in the light of the clauses of the said guidelines laid down by the Government of India."

It accordingly posted the matter for further hearing on March 9, and directed the state government to place on record the modified order.

The direction was given during the hearing of a petition filed by Advocate B Subbaya Rai who said that the petition is being filed on behalf of the society at large who are the residents of Karnataka-Kerala border areas in and around of the border areas and as well as Dakshina Kannada district of Karnataka State and Kasaragod District of Kerala State.

At present, Kerala-Karnataka road on the stretch of Thalappady, Nettanige, Mudnooru, Monala, Saradakka and Jalsoor in Kasaragod district are allowing passengers with negative RT-PCR reports, while the rest other border check posts are closed.

The plea says that the Dakshina Kannada and Kasaragod Districts of Karnataka & Kerala states respectively are interdependent upon each other in regards to employment, trade, commerce, education and major hospitals which is situated at Mangaluru city of DK District. It is submitted that more than 80, 000 people i.e 35% 40% of the border travel on day to day basis for the aforesaid purposes.

 Last year, the Kerala High Court had interfered with the blockade imposed by Karnataka Government on the Kerala border. Acting on a PIL filed by the Kerala High Court Advocates Association, the Kerala High Court directed the Union Government to open the highway for travel. The High Court noted that the travel restrictions had infringed the right to health of border residents, who were relying on hospitals in Mangalore for treatment.

When Karnataka appealed to the Supreme Court, the SC suggested a dialogue between the Chief Secretaries of both the states. Following talks, the restrictions were lifted.