Lawstreet Journal

"There is a concept of Federalism, you cannot simply close borders” : Karnataka HC to State Government on Kerala-Karnataka Border Issue

Lawstreet Journal 1 Apr 2021 9:57pm

Image courtesy: Lawstreet Journal Judiciary "There is a concept of Federalism, you cannot simply close borders” : Karnataka HC to State Government on Kerala-Karnataka Border Issue

On Tuesday (March 30, 2021), Karnataka High Court went on to observe how the State Government cannot close its borders for people from other states in absence of adequate rules that empower the authorities. 

Karnataka Government has been directed by the court to issue statement saying that all the check posts across the Kerala-Karnataka border are open. Along with this, it must be stated that negative RT-PCR reports are mandated for persons who enter the state from Kerala. 

The said observations were made by a Bench comprising Chief Justice Abhay Shreeniwas Oka along with Justice Suraj Govindaraj. They stated that the guidelines issued by the Central Government, which are currently in force, do not allow the closures of borders. 

The court said, “There is a concept of Federalism, you cannot simply close borders."

These observations were made in a PIL that challenged the restrictions imposed by the Karnataka Government as to the movement of the people along the Kerala-Karnataka border as the COVID-19 infection rate is on a high again. 

The Karnataka HC was informed by the Kerala Government that the directive pertaining to closing of rarely used check-posts at the Kerala border issued by the Deputy Commissioner of Dakshina Kannada district will not be acted upon. 

The Division Bench was also informed by the Additional Government Advocate the reconsideration of Clause 3 of the directives issued on March 15. 

Clause 3 of the said directive states the following:

"In consideration of the situation, every gram panchayat,/urban local bodies/municipality/town municipality, shall identify the points of the arrival in… Continue Reading...


Tagged: Karnataka high court  
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