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Lift Kasaragod-Mangaluru block: Kerala HC to Centre

legal Knot
Last Updated : 01 April 2020, 20:05 IST
Last Updated : 01 April 2020, 20:05 IST
Last Updated : 01 April 2020, 20:05 IST
Last Updated : 01 April 2020, 20:05 IST

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The Kerala High Court on Wednesday ordered the Centre to remove blockades erected by Karnataka on the National Highway linking to Kerala and ensure movement of vehicles carrying patients in need of urgent medical treatment.

Kasaragod has a high number of virus cases and Karnataka’s road blockade from the Kerala district to Mangaluru had sparked a huge legal row. As the border closure continued to take a heavy toll, the high court directed the Centre to act expeditiously, considering the human lives at stake.

The court observed that although restrictions can be imposed on the NH in times of national emergency such as the current situation, the guidelines issued by the Centre under the Disaster Management Act permit travel for urgent medical treatment.

The NH comes under the administrative jurisdiction of the Centre and the provisions of the National Highways Act provide for maintenance of such highways by the Centre, and even provide for penal measures to be taken against anyone blocking such a highway. Four people have died in Kasaragod as they could not proceed to hospitals in Mangaluru, where they were undergoing treatment. Kerala had approached the high court, dubbing Karnataka’s stand as ‘inhumane.’

On Tuesday, the court had asked Karnataka to show humanitarian consideration to allow vehicles carrying patients across the border. However, Karnataka officials contended that even Mangaluru local authorities were opposed to the entry.

As the legal tussle continued, a Kerala patient, Balan, who was forcibly discharged from a Mangaluru government hospital, walked nearly 50 km and fainted as he neared the border in Kasaragod. On Tuesday, Sekhar, a 49-year-old critically-ill patient, had died of cardiac arrest after his ambulance was not allowed to cross the border at Thalpadi, allegedly by the Karnataka police.

In another case, a pregnant woman delivered a baby in an ambulance that was not allowed to proceed to Mangaluru. For decades, critically-ill patients in Kasaragod have been getting treated at several hi-tech multi-specialty hospitals in Mangaluru, just across the border.

Hospitalised in Mangaluru on March 21 after his fall from a coconut tree, Balan had told the police that he was forcibly discharged.

Gowda mounts pressure

In Bengaluru, former prime minister H D Deve Gowda had mounted pressure on Chief Minister B S Yediyurappa to relax restrictions on the Karnataka-Kerala border to allow movement of ambulances and other essentials.

In a letter to the CM, Gowda pointed out that Kannadigas living in Kasargod, Manjeshwar and surrounding areas, go to Mangaluru for healthcare. “Everyday, more than a hundred ambulances operated between Kasargod and Mangaluru,” he said, drawing attention to Sekhar’s death after permission was denied to his ambulance.

Gowda also cited the pregnant woman’s case. The Janatha Dal (Secular) supremo said: “Several people in this region are dependent on hospitals in Mangaluru for emergency treatment. It is inhuman to stop ambulances. The government must immediately allow passage of ambulance.”

Kerala Water Resources Minister Krishnan Kutty had written to Gowda, seeking his intervention in resolving the border crisis. “This border closure has led to loss of life and has affected transport of emergency goods. I suggest mutual talk between the governments of Kerala and Karnataka,”
he had said.

Gowda also urged Yediyurappa to ensure supply of fish to people in coastal areas. “Just like vegetables, poultry and groceries, fish is an essential part of the diet of those in coastal areas. The government should take measures to ensure regulated fishing,” he said.

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Published 01 April 2020, 19:28 IST

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