Karnataka has necessary leverage to issue circulars, says Kerala High Court
Kochi:
The Kerala High Court dismissed two petitions challenging the Karnataka government’s decision to restrict entry from Kochi on the borders of Kasaragod and Mangalore to only people with negative RT-PCR reports and said, within the powers to issue directions.
The High Court said that it is an accepted fact that there was no blockage on the roads from Kerala to Karnataka and restrictions such as negative RT-PCR certificates were imposed within that state in view of the unprecedented rise in coronavirus cases in Kerala.
“As per the guidelines issued by the Central Government, it is clear that under any such circumstances, the States are vested with the power and responsibility to impose appropriate restrictions, so as to combat the disease.
“Therefore, the State of Karnataka was well within its powers to issue circulars, orders or guidelines under the provisions of the Disaster Management Act, 2005 in line with various guidelines issued by the Central Government,” a bench of Chief Justice S Manikumar and Justice Shaji P. Chali dismissed two PILs – one by Indian Union Muslim League (IUML) MLA AKM Ashraf and the other by Jayanand KR, secretary of Rashtrakavi Manjeshwar Govinda Pai Memorial Committee.
The bench further observed that the Karnataka government has the necessary advantage of issuing the circular keeping in view the prevailing conditions in the neighboring states – Kerala and Maharashtra.
“Looked from that angle, it can never be said that a part of the cause of action for writ petitions has arisen within the State of Kerala. This is more so when it comes to the citizens of Kerala to travel to Karnataka. There is no absolute ban. Either way, but we can only see it as restrictions imposed by the state of Karnataka.
In its 100-page judgment, the bench said, “Whether the restrictions imposed within the state of Karnataka are justified or not is a matter to be considered by the High Court.”
It further said that “a full appreciation of the facts and circumstances” would show that no part of the cause of action would arise in Kerala in respect of circulars issued by the Government of Karnataka or its officers.
“Therefore, we have no hesitation to hold that the petitioners have failed to establish the territorial jurisdiction of this court in interfering with the circulars issued by the State of Karnataka on 31st July and accordingly, we shall take the relief sought by the petitioners in the background. are disallowed. In consequence of the circulars thus issued, the writ petitions are dismissed in the absence of territorial jurisdiction,” the bench said.
The petitioners had argued that the travel restrictions resulted in the people of Kerala being unable to enter Karnataka for any emergency and it was completely illegal and a violation of the fundamental rights of citizens.
The two PILs claimed that the blockade was causing disruption in trade, supply of food and other essential commodities and was interfering with the rights of citizens.
The pleas also claimed that the people of Manjeshwar completely rely on the medical facilities in Dakshina Kannada district/ Mangalore city and its adjoining areas as it is the nearest medical centre.
The Karnataka government had opposed the two petitions on the ground that the entire cause of action originated within that state, and the petitioners should challenge the circulars before the High Court of Karnataka.
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