Flaws Of Karnataka's Curbs On Travel From Kerala Already Pointed Out, High Court Tells State Govt

The Karnataka High Court on Friday allowed the amendment application filed by petitioner B Subbaya Rai challenging the modified directions issued on March 15, by the Deputy Commissioner and Chairman of District Disaster Management Authority, Dakshina Kannada District, imposing restrictions on travel from Kerala. A division bench of Chief Justice Abhay Oka and Justice MGS Kamal orally told the Karnataka Government's advocate, "We have already pointed out the flaws of your order and we will hear you on the next date now."The Court has listed the matter on March 25 to consider the legality of the travel restrictions imposed citing spike in COVID19 cases.On the previous date of hearing :The Karnataka High Court had on Thursday frowned at conditions in the modified order passed by the Karnataka Government regarding restrictions for road travel from Kerala in the wake of recent spike in COVID19 cases."Flights from Kerala operate to Karnataka without restrictions. So, if you have money you can enter the state of Karnataka without restrictions but if you can't afford to buy an air ticket you will be subjected to all these restrictions. How this can be tolerated?", a bench headed by Chief Justice Abhay S Oka asked the government's counsel.Observing that the modified order passed by the Deputy Commissioner of Dakshina Kannada on March 15, is misconceived and issued in complete non-application of mind, the Court orally directed the state government to withdraw it.The modified order was passed after the Court rapped the State Government for imposing travel restrictions in violation of the Central Government's 'unlock' guidelines which prohibit curbs on inter-state travel.On Thursday, the bench termed the modified order "worse than the previous order". As per the order passed on March 15, it is stated that all the check posts are opened for the public except those which are rarely used by the public. It is said : "Concerned local authorities as per the necessity (Gram Panchayat/Urban Local bodies/Municipality/Town Municipality) will be responsible for checking of RT-PCR negative report of the passengers coming into the district at every checkpost." Further, it stated that "In consideration of the situation, every gram panchayat,/urban local bodies/municipality/town municipality, shall identify the points of the arrival in their respective jurisdiction to facilitate the public/student opening of the checkpost which are more likely to be used and closing of check post which are rarely used such decision must be taken and directions issued for arrivals from Kerala/Maharashtra state by Panchayat Task force committee which is already in existence." Taking strong exception to these clauses, the division bench said :"This gives arbitrary power to local authorities to close any check post and open any check post anywhere. This authorizes them to close the check post. It is worst then the earlier order, at least earlier there was clarity on which check posts were open."The bench also criticized another clause in the order which directed authorities to check for illegal movements of cash and liquor in the wake of upcoming assembly polls in Kerala.The said clause read : "All the Tashildars of the concerned taluk shall constitute a flying squad. Patrolling team along with taluk level officer and health department team for random checking, intensify and to monitor the illegal liquor supply, illegal cash movement and doubtful persons at all the check post for existing model code of conduct in Kerala state for the upcoming Kerala Legislative Assembly elections and to check overall functioning".Terming this clause "misconceived", the bench said : "You are mixing up two things, the direction is issued in exercise of Disaster Management Act. This is a completely misconceived order. What is the power of the District Disaster Management Authority, to pass such orders, to monitor movement of illegal liquor supply, cash, movement of doubtful persons?."Another clause which came under the scanner of the bench read as follows : Local bodies in their respective jurisdiction shall collect information of all persons arriving from Kerala/Maharashtra and self monitor their health and seek immediate medical attention and examination of any covid related symptoms such as fever, cold cough throat, respiratory problems. The bench observed : "Is there any order passed by State government or State Disaster Management Authority (SDMA), directing the checking of persons who enter from Kerala or Maharashtra after they enter the state?" It added "By this clause it means that anybody who has a history of travel from Kerala, authorities will enter his house." The court also frowned at clause 4 and 5 of the directions which read thus: Clause 4: In every checkpost the concerned gram panchayat shall deploy staff in a shift system in cooperation with the police department and shall ...

Flaws Of Karnataka's Curbs On Travel From Kerala Already Pointed Out, High Court Tells State Govt

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