NEW DELHI: The Supreme Court on Friday refused to hear a plea challenging the Karnataka government’s decision to restrict entry to Kerala at the borders of Kasaragod and Mangalore only to those with a negative RT-PCR report indicating that it does not There had been no violation of fundamental human rights.
A bench of Judges L Nageswara Rao and BR Gavai observed that COVID is not yet over and that the conditions imposed are not unreasonable and issued in the wider public interest.
The Supreme Court said the opposite that there were no restrictions on the movement of citizens from Kerala to Karnataka.
The bench said earlier restrictions were relaxed by Karnataka by issuing a revised circular dated July 31, 2021, which relaxed the requirement for RT-PCR testing performed within 15 days from the date of travel.
It was done for the benefit of students, professionals and others, he said.
“The movement rights of individuals from the State of Kerala to the State of Karnataka are not restricted. There is no violation of the fundamental rights of people from Kasargod district to travel to Mangalore or other parts of Karnataka. Circulars issued by the State of Karnataka cannot be interfered with by this tribunal in the interest of broader public health. Therefore, we see no reason to intervene, ”said the judiciary.
The Supreme Court granted the applicant the freedom to make representation to the government of Karnataka on the matter.
Lawyer Haris Beeran, representing an MP from Kerala, argued that the people of Kasargod depend on the town of Mangalore for education, health insurance and other needs.
He also claimed that their daily trip to Mangalore was hampered by circulars issued by Karnataka.
Beeran referred to guidelines issued by the Center to States and Union Territories (UTs) that requested not to impose restrictions on the intra-state movement of people and goods by air, sea or road.
The Supreme Court was hearing an appeal filed by Manjeshwar Constituency MP AKM Ashraf challenging the September 28 order of the Kerala High Court which dismissed two appeals challenging the Karnataka government’s decision to restrict entry from Kerala to the borders of Kasaragod and Mangalore only to those with a negative report from RT-PCR, claiming that the neighboring state was fully able to issue such instructions.
The High Court had said it was accepted that there was no blockade of roads from Kerala to Karnataka and that restrictions, such as a negative RT-PCR certificate, were imposed in that state due to the outbreak. unprecedented COVID-19 pandemic prevailing in Kerala.
“Therefore, according to guidelines issued by the central government, it is clear that in such circumstances, states have the power and responsibility to impose reasonable restrictions to control the disease.
“Therefore, the state of Karnataka was fully able to issue circulars, orders or directives under the provisions of the Disaster Management Act 2005, in accordance with various directives issued by the central government. », Declared the High Court while rejecting the two PILs, one by Ashraf and the other by Jayananda KR, the secretary of Rastrakavi Manjeshwara Govinda Pai Smaraka Samithi.
The high court said the Karnataka government had the leverage to issue circulars, given the situations in neighboring states of Kerala and Maharashtra.
“Seen in this light, it can never be said that part of the cause of action for the lawsuits arose in the state of Kerala.
This is all the more true when there is no absolute ban for citizens of Kerala to travel to Karnataka by any means, but we can only view it as restrictions imposed by the ‘State of Karnataka.
“Whether the restrictions imposed in the state of Karnataka are reasonable or not, it is a question which must be examined and decided by the High Judicial Court”, declared the magistracy.