Kerala HC refuses to intervene with Karnataka govt travel restrictions on folks coming from Kerala

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The Kerala High Court on Tuesday dismissed two pleas difficult the Karnataka authorities’s determination to limit entry from right here at borders of Kasaragod and Mangalore solely to these having a destructive RT-PCR report, saying the neighbouring state was properly inside its powers to problem such instructions.

The excessive court docket mentioned it was an admitted truth there was no blockade of the roads from Kerala to Karnataka and the restrictions, like a destructive RT-PCR certificates, have been imposed inside that state in view of the unprecedented surge of Covid-19 pandemic prevalent in Kerala.

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“Therefore, going by the guidelines issued by the central government, it is clear that under any such circumstances, the states are given the power and responsibility to impose reasonable restrictions, so as to combat the disease.

“Therefore, state of Karnataka was well within its powers to issue circulars, orders or guidelines under the provisions of the Disaster Management Act, 2005, in consonance with various guidelines issued by the central government,” a bench of Chief Justice S Manikumar and Justice Shaji P Chaly mentioned and dismissed the 2 PILs, one by A Ok M Ashraf, the IUML MLA from Manjeshwar and the opposite by Jayananda Ok R, the Secretary of Rastrakavi Manjeshwara Govinda Pai Smaraka Samithi.

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The bench additional mentioned that the Karnataka authorities has the mandatory leverage to problem circulars, bearing in mind the conditions prevailing within the neighbouring states of Kerala and Maharashtra.

“Viewed from that angle, it can never be said that a part of cause of action for the writ petitions has arisen within the state of Kerala. This is more so when there is no absolute prohibition for the citizens of Kerala to travel to Karnataka by any means, but we can only view it as restrictions imposed by the state of Karnataka.”

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“Whether the restrictions imposed within the State of Karnataka are reasonable or not, is a matter to be considered and decided by the jurisdictional High Court,” the bench mentioned in its 100-page judgement.

It additional mentioned {that a} “wholesome appreciation of the facts and circumstances” would present that no a part of the reason for motion, as regards the circulars issued by the Karnataka authorities or its officers, would come up in Kerala.

“Therefore, 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 dated July 31 and accordingly, we decline the reliefs sought for by the petitioners in the background of the circulars so issued. In the result, the writ petitions are dismissed for want of territorial jurisdiction,” the bench mentioned.

The petitioners had contended that the travel restrictions had resulted in folks from Kerala being unable to enter Karnataka for any emergent conditions and subsequently, it was completely unlawful and violative of the basic rights of residents.

The blockade was additionally inflicting disruption in commerce, provide of meals and different important gadgets and interfering with the rights of the residents to move freely all through the territory of India, the 2 PILs — considered one of them filed by advocate P V Anoop — had claimed.

The pleas had additionally claimed that the folks of Manjeshwar rely completely upon the medical amenities at Dakshin Kannada district/Mangalore metropolis and its adjoining areas, since it’s the nearest medical hub obtainable.

The Karnataka authorities had opposed the 2 pleas on the bottom that the complete reason for motion arises inside that state, and the petitioners ought to problem the circulars earlier than the High Court of Karnataka.

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