Kerala: HC dismisses plea seeking directions to Karnataka govt to reopen inter-state borders
Sep 28, 2021
Kochi (Kerala) [India], September 28 : Kerala High Court dismissed two petitions seeking directions to the Karnataka Government to reopen the borders shared by Karnataka and Kerala and allow entry of people from the states possessing the vaccination certificate of at least one dose.
Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly dismissed the petitions of AKM Ashraf, MLA from Manjeswaram in Kasargod district and the Secretary of a trust operating in Kerala, namely Rastrakavi Manjeshwara Govind Pai Smaraka Samithi.
Court cited the reason for territorial jurisdiction issues and the Karnataka High Court's directions regarding this.
The petitions challenged the actions of the State of Karnataka and the Deputy Commissioner of Dakshina Kannada District in mandating that an RT-PCR test result is required for entry into Karnataka from Kerala.
Also, they said that "our legal rights have been infringed by imposing this restriction which is also an action which wholly arises outside the jurisdiction of the Kerala High Court.
Such imposition of arbitrary and illegal conditions violated the fundamental rights of the people residing at the border towns of Kasargod. Most of its residents were heavily dependent on the Mangalore city in Karnataka for employment. The condition imposed by the Karnataka government was detrimental for the daily travellers, including labourers, employees and students of his town who work and study at the Mangalore city respectively."
Earlier the Kerala High Court issued an interim order (on August 17) directing the Karnataka Government to ensure that the people in dire emergent situations like death in the family, medical treatment etc, are permitted to enter the State of Karnataka, without an RT-PCR test, on the production of necessary documents to establish the respective case, irrespective of the nature of the vehicles used for the purpose.
It also urged the Karnataka Government to allow persons who need to regularly go to Karnataka for jobs and studies to travel between the borders after undergoing the protocol prescribed in a circular issued by the Karnataka Government on July 31.
