Kerala HC on Wednesday Directed Central Govt To Remove Blockades Erected by State Of Karnataka on National Highways to facilitate the free movement of vehicles carrying persons for urgent medical treatment, across the border between the two States.
It was Contended on behalf of Petitioner that, when the right to life of a citizen is at stake, and the action of the State of Karnataka in erecting blockades that prevent the movement of persons seeking medical relief, go against the grain of the guidelines issued, both by the Central Government under the Disaster Management Act, as also the Government of Karnataka under the Epidemic Diseases Act, 1897 read with the enabling provisions under the Disaster Management Act, 2005, this Court ought not to wait any longer, and must pass urgent orders to protect the fundamental right of the citizens.
The Court observed that ‘The right of a citizen to move freely throughout the territory of India, subject to reasonable restrictions that may be imposed in the interests of the sovereignty and integrity of India, the security of the State, public order etc. is recognised under Art.19 (1)(d) of our Constitution. A citizen also has a fundamental right to life and personal liberty guaranteed to him by the State under Art.21 of our Constitution. Both these rights are simultaneously infringed in the case of a resident of the State of Kerala when he/she is denied entry into the State of Karnataka for availing medical treatment, or is deprived of essential articles of food that are being transported into the State through blockades erected by the State of Karnataka.’
The Court Held that “We, therefore, direct the Central Government to forthwith intervene in the matter and ensure that the blockades erected by the State of Karnataka, on the National Highways connecting the said State to the State of Kerala, are removed forthwith, and without any further delay, so as to facilitate the free movement of vehicles carrying persons for urgent medical treatment, across the border between the two States. We may re-iterate that we expect the Central Government to act expeditiously in this matter, taking note of the human lives that are at stake.“
Read order Here:
