SC declines to consider plea against Karnataka govt's order restricting entry of people from Kerala

The Supreme Court on Friday declined to consider a plea questioning the Karnataka government's circular restricting entry of people from Kerala at borders Kasaragod-
Mangaluru border at Thalappady, only to people having negative RT-PCR test, saying there was no violation of the fundamental right and the order was issued in larger public health in view of Covid-19 pandemic.

A bench of Justices L Nageswara Rao and B R Gavai also said that the Covid-19 has not yet ended and the conditions imposed are not unreasonable.

The court also noted that otherwise there was no restriction on the movement of citizens from Kerala to Karnataka.

The bench also pointed out the Karnataka government had issued a revised circular on July 31, 2021, which had relaxed the requirement for RT-PCR test taken within three days to 15 days from the date of travel. This was done in the interest of students, business professionals, and others, the court said.

"The rights of movement of individuals from the State of Kerala to the State of Karnataka is not restricted. There is no violation of any fundamental rights of persons in Kasargod district to travel to Mangaluru or other parts of Karnataka," the bench said.

"Circulars issued by the State of Karnataka cannot be interfered with by this court in the interest of larger public health," the bench added.

The court, however, granted liberty to the petitioner to make a representation to the Karnataka government on the issue.

Advocate Haris Beeran, appearing for a Kerala MLA, Manjeshwar constituency MLA A K M Ashraf, submitted that the people in Kasargod depend on Mangaluru city for education, medicare, and other needs. It was also his contention that their travel to Mangaluru daily has been inhibited by the circulars issued by Karnataka. Beeran relied upon the guidelines issued by the Centre to the states and Union Territories (UTs) which asked not to place any restrictions on the intra-state movement of persons and goods by air, water, or road.

Ashraf assailed the September 28 order of the Kerala High Court which had dismissed two pleas challenging the Karnataka government's decision to restrict entry from Kerala at borders, saying the neighbouring state was well within its powers to issue such directions.

The High Court had noted there was no blockade of the roads from Kerala to Karnataka and the restrictions, like a negative RT-PCR certificate, were imposed within that state because of the unprecedented surge of Covid-19 pandemic prevalent in Kerala. The High Court also said it has got no territorial jurisdiction as no cause of action has arisen in the State of Kerala.

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