Appeal filed in Supreme Court against travel restrictions on passengers entering Karnataka from Kerala

An appeal has been preferred before the Supreme Court against a Kerala High Court verdict which dismissed a plea challenging the travel restrictions imposed on those travelling to Karnataka from Kerala (AKM Ashraf vs Union of India).

. As per Karnataka’s latest regulation dated July 31, 2021, all passengers entering Karnataka from Kerala are required to possess a negative RT-PCR certificate taken within 72 hours of travel, irrespective of being fully vaccinated against COVID-19.

The Deputy Commissioner, Dakshina Kannada District also passed an order dated July 31, 2021, issuing directions to close the Kerala - Karnataka border and to cancel the government transport buses seeking to pass through the border.

"Even people who have taken two doses of COVID-19 vaccine are required to take the (RT-PCR) test. In its order, the Respondent directed the deputy commissioners of Dakshina Kannada districts that border Kerala, to make necessary arrangements and deploy personnel at check posts to ensure that all vehicles which enter the state are compliant with the rules," the plea drawn by advocate Haris Beeran highlighted.

. The appeal filed through advocate RS Jena said that the regulation impacts students and public visiting the State every day for education, business, jobs, medical treatment and other reasons and "makes no sense for daily commuters".

. Besides, the plea also highlighted how people of Manjeshwaram constituency in Kerala are dependent on Dakshin Kannada Districts/ Mangalore city in Karnataka for their basic needs.

"The people residing in the bordering areas are mainly aggrieved by this arbitrary decision of the respondent State since the Dakshin Kannada districts are just within 10 to 20 kilometres in distance," the plea stated.

Pertinently, the plea also contended that the directions issued by the Karnataka government are contrary to the direction issued by the Government of India on August 25, 2021.

As per the Central government direction, no RT-PCR test should be mandated for fully vaccinated peoples to cross from one State to another.

The said direction was issued in exercise of the powers under the Disaster Management Act and will prevail over the State's directions, it was submitted.

. The Kerala High Court had dismissed the petitions citing territorial jurisdiction issues while highlighting that the High Court of Karnataka had issued conflicting directions on a similar matter.

" We have no hesitation to hold that the petitioners have failed to establish territorial jurisdiction of this Court in interfering with the circulars issued by the State of Karnataka ", the High Court had said.

. The appeal before the apex court said that the dismissal of the writ on the basis of lack of jurisdiction was not proper since under Article 226 High Court has the power to issue Writ to any government in relation to the territories within which the cause of action wholly or in part arises, notwithstanding that the seat of such government or authorities are not within its territories.

"The effect of the orders (by Karnataka government) are felt gravely by the people of Kerala and therefore the people of Kerala are only ones adversely affected by these orders. Therefore the cause of action lies clearly within the State of Kerala," the petition said.

Appeal filed in Supreme Court against travel restrictions on passengers entering Karnataka from Kerala

Debayan Roy

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