Karnataka High Court Issues Notice On Plea Challenging Travel Restrictions At Kerala Border

The Karnataka High Court On Wednesday issued notice to the Union Government and State government on a PIL challenging the restrictions on the movement of public along the Kerala-Karnataka Border in view of the outbreak of Covid-19.

A division bench of Chief Justice Abhay Oka and Justice Sachin Shankar Magadum has posted the petition filed by Advocate B Subbaya Rai for further hearing on March 5. The petitioner claims 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 state respectively known as Gadinaada Karnataka. It is submitted that both the districts and the residents thereof 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.

The plea states that due to Covid-19 the central and state government have taken suitable measures in order to prevent the spreading of the above said disease by lock down procedure including the closure of the border areas of each state including Kerala and Karnataka borders. It is submitted that the 1" respondent Union of India has issued the Unlock 4 standard operating procedure (SOP) under the powers conferred under Disaster Management Act 2005 and issued various guidelines and also orders.

Pursuant to the above said order the state government, Karnataka has also issued circular dated 16/02/2021 prescribing certain special surveillance measures for arrivals from Kerala to Karnataka, with immediate effect. The 3d respondent (The Deputy Commissioner/President District Disaster Management Authority Dakshina Kannada) who is the head of the district and also an authority under the National Disasters Act 2005, has issued an order dated 18/02/2021 by relying upon the circular dated 16/02/2021 has passed the impugned order restricting the movements of the public from Kasaragod district to enter into Dakshina Kannada district by exercising power under Sec 34 of the said Act.

The petition states the impugned order passed by the 3 respondents is contrary to the guidelines issued by the 1" respondent and also the circular issued by the state government. It is further said that by the impugned order the public at large who are residing in the border areas who are depending upon the road transport as a means of their livelihood education trade and commerce and health are jeopardized and their free movements to travel and other activities which is the part of their fundamental rights are curtailed by impugned order If the impugned order is allowed to continue the fundamental rights guaranteed under the Constitution of India will be infringed.

The petition has stated that the guidelines issued by the central government and the circular issued by the state government does not restrict the movement of the public by closer of borders but the same lays down certain procedures such as production of RT-PCR negative reports It is submitted that except these restrictions there is no guideline or circular to restrict the movement of the public and society at large by closing all the borders and check posts by leaving open only 5 check posts as mentioned in the order. Hence the impugned order is liable to be set aside.

By way of interim relief the petition seeks directions of the court to stay the order passed by the respondent.

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.