Karnataka High Court seeks response from Centre, State on plea against travel restrictions between Karnataka and Kerala

The Karnataka High Court on Thursday sought the response of the Central and State governments in a public interest litigation (PIL) petition challenging the restrictions imposed by Karnataka government on the movement of public along the Kerala-Karnataka Border in view of Covid-19..A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Sachin Shankar Magadum was hearing a petition filed by Advocate B Subbaya Rai, on behalf of the residents of Karnataka-Kerala border areas as well as Dakshina Kannada district and Kasaragod District of Kerala..The plea said that the residents of districts of Dakshina Kannada and Kasaragod district of Kerala are interdependent upon each other when it comes to employment, trade, commerce, education and major hospitals which are situated in Mangaluru city. It was submitted that more than 80,000 people i.e 35 to 40 percent living near the border areas travel on a daily basis for the aforesaid purposes..As of now, Kerala-Karnataka road on the stretch of Thalappady, Nettanige, Mudnooru, Monala, Saradakka and Jalsoor in Kasaragod district are allowing passengers with negative RT-PCR reports, while the rest of the border check posts are closed, the plea informed. .The Central and State governments had in 2020 taken suitable measures in order to prevent the spread of Covid by lock down procedure including the closure of the border areas of each state including Kerala and Karnataka borders, the petitioner submitted. .Subsequently, the Centre had issued the Unlock 4 standard operating procedure (SOP) and various guidelines pursuant to the powers conferred under the Disaster Management Act, 2005 (DM Act). .Shortly thereafter, Karnataka issued circular dated February 16, 2021 prescribing certain special surveillance measures for arrivals from Kerala to Karnataka, with immediate effect. .The Deputy Commissioner of the District Disaster Management Authority Dakshina Kannada, who is also an authority under the DM Act issued an order on February 18 restricting the movement of the public from Kasaragod district to Dakshina Kannada district..It is the petitioner's case that the impugned order is contrary to the guidelines issued by the Central and the State governments. .The petitioner submitted that by the impugned order, the public at large who are residing in the border areas depend upon the road transport for their livelihood, education, trade, commerce and health are jeopardized.The petition stated that the guidelines issued by the Central government and the circular issued by the State government do not restrict the movement of the public by closer of borders but the same lays down certain procedures such as the production of RT-PCR negative reports. .On these grounds, the the petition prayed for quashing the February 16 order. .The case will be heard again on March 5. .Karnataka-Kerala border: Karnataka HC disposes of plea after State relaxes conditions for inter-state travel [Read revised guidelines].This is the second such instance when Karnataka government has chosen to impose travel restrictions for people coming from Kerala. In March 2020, the Karnataka government had closed its borders with Kerala after the outbreak of Covid-19 pandemic. .In August 2020, the High Court had disposed of, a similar plea to open up the Karnataka-Kerala border after it was informed that revised guidelines for inter-state travel had been issued by the Karnataka government..[Read circular here].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.