A.K.M.Ashraf vs Union Of India

Shaji P. Chaly, J

These writ petitions are public interest litigations filed by the residents of Kasargod district, basically complaining that the State of Karnataka have

created blockade in the borders of Kasargod and Mangalore, within the State of Karnataka, which causes a situation that the people from the State of

Kerala is unable to enter into the State of Karnataka for any emergent situations.

Petitioner in W.P.(C).No.17071 of 2021 is a member of Kerala Legislative Assembly from Manjeshwaram Constituency, Kasaragod district.

According to the petitioner, the action of creating blockade in the border district of Karnataka State, preventing people from Kerala to enter into the

State of Karnataka, is totally illegal and violative of fundamental rights guaranteed to the citizens under the Constitution of India. It is also submitted

that, various restrictions are imposed virtually preventing the people of Kerala from entering the State of Karnataka through the entry point from the

district of Kasaragod. It is also submitted that the people of Manjeshwaram are dependant on Dakshin Kannada district/Mangalore city for their basic

needs and they also rely entirely upon the medical facilities of Mangalore district in the State of Karnataka and its adjacent areas, since it is the

nearest medical hub available. Various other circumstances are pointed out in respect to the blockade causing disruption in trade, supply of food and

other essential items and the consequential impasse created, thus interfering with the rights of the citizens to move freely throughout the territory of

India. It is also submitted that, consequent to the acts of the State of Karnataka in blocking the highways and other roads, free movement of the

people of Kerala to Karnataka and movement of transportation from Karnataka to Kerala is totally disrupted, which is causing serious prejudice to the

people of Kerala and thus interfering with the rights guaranteed under Article 19(1)(d) of the Constitution of India, which protects the freedom of

movement of the citizens.

In fact, when W.P.(C).No.16833 of 2021 came up for admission before the Hon'ble Chief Justice's Court on 13.08.2021, directions were issued to

serve notice on the Central Government, State of Karnataka and others. Therefore, the Additional Advocate General of Karnataka also entered

appearance along with Assistant Solicitor General representing the Union of India, so also the learned Senior Government Pleader for the State.

Learned Additional Advocate General appearing for the State of Karnataka submitted that, they have received notice only recently and they have

serious objection to the relief sought for by the petitioners to allow the passengers who are having Covid vaccination certificate to enter the State of

Karnataka through the entry point and reopen all the borders of the State of Karnataka connecting the State of Kerala, thus enabling the persons from

Kerala to enter the State of Karnataka for treatment, and also for the free movement of vehicles from Kerala to Karnataka. Learned Additional

Advocate General of Karnataka has pointed out that, in view of the present Covid pandemic situation in the State of Kerala and the high percentage

of Covid-19 patients in the Dakshin Kannada district of Karnataka, the State of Karnataka has issued a revised circular in order to regulate the entry

of the people from Kerala. However, in the circular dated 31.07.2021, the government has adequately addressed the issue of emergent case to enter

the State of Karnataka through the entry point at Kasaragod district.

Therefore, according to the learned Advocate General, there would be no manner of serious prejudice as is apprehended in the writ petitions.

It was also submitted that, as per the circular, public visiting Karnataka daily and the students are protected by incorporating suitable conditions in

the circular enabling them to cross the border and enter into the State of Karnataka. Learned Additional Advocate General also submitted that, if the

writ petitions are posted to 25.08.2021, the State Government would be in a position to file a detailed statement or counter affidavit explaining the

situations under which the blockade is created at the entry point in question. That apart, it was submitted that, the Honourable High Court of

Karnataka has passed an order today, i.e., 17.08.2021, in W.P.(C).No.14925 of 2021, directing the State Government to strictly implement the revised

circular dated 31.07.2021, and therefore, if at this stage of the proceedings, if any directions are issued, it would be in conflict with the directions

issued by the Honourable High Court of Karnataka. That apart, learned Advocate General submitted that, since the blockade created by the State of

Karnataka is challenged, there would not be territorial jurisdiction for this Court to entertain the writ petition.

We have heard learned Counsel for the petitioners Sri. Anoop P.V. And Sri. Haris Beeran, learned Advocate General of Karnataka Sri. Prabhuling

K.Navadgi, learned Assistant Solicitor General Sri. P.Vijayakumar, learned Senior Government Pleader Sri. K.P.Harish Kumar and Sri. Rajendran

who assisted the learned Advocate General of Karnataka, and perused the pleadings and the materials on record.

Learned Advocate General in fact submitted that the issues involved due to the blockade created in the border in question requires serious

consideration in view of the precarious situations prevailing in the State of Kerala consequent to the Covid-19 pandemic and the situation prevailing in

Dakshin Kannada district, wherein there is a high percentage of Covid-19 patients. However, it was submitted that, by virtue of the revised circular

dated 31.07.2021, issued by the Government of Karnataka, dire emergent situations like death in the family, medical treatment etc, appropriate

directions are issued so as to facilitate the entry of people requiring to meet up with emergent situations and therefore, the apprehensions voiced by the

petitioners in that regard may not have much basis.

In fact, learned Counsel for the petitioners submitted that, for the time being, they would be satisfied if directions are issued to the State of

Karnataka to permit the people to enter the State of Karnataka to meet up with any emergent situations, irrespective of the vehicle used by them to

transport patients or family members, in the case of death. In that view of the matter and in view of the circular, we think it is only appropriate that

necessary directions are issued to the State of Karnataka to ensure that the situation taken care of in the revised circular dated 31.07.2021 is strictly

implemented so as to avoid any inconvenience to the people of Kerala and thus avoiding complex situations as pointed out by the petitioners. In that

process, it is only appropriate that the revised circular dated 31.07.2021 is extracted hereunder, which read thus:

Paragraph VII of the circular makes it clear that, certain category of people are exempted which includes students and public visiting Karnataka

daily for education, business and other reasons, on certain conditions. That apart, certain categories are exempted from negative RT-PCR certificate

and they includes constitutional functionaries and health care professionals, children below two years and the emergent situations like death in the

family, medical treatment, etc, after undergoing the protocol prescribed thereunder. The only apprehension voiced by learned Counsel for the

petitioners is that the police and other authorities of State of Karnataka are preventing patients transported to the State of Karnataka in private

vehicles. In that view of the matter, there will be a direction to the State of Karnataka and the officials to ensure that the directions contained in the

revised circular dated 31.07.2021 extracted above is strictly implemented and further 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 on production of necessary documents to establish the respective

case, irrespective of the nature of the vehicles used for the purpose.

Post the writ petitions on 25.08.2021, for statements/affidavits of the respondents.