The State government on Thursday challenged in the Supreme Court the Kerala High Court April 1 order directing the Union government to immediately remove blockades erected by Karnataka on the national highways connecting Kerala to facilitate free movement of vehicles carrying persons for urgent medical treatment, across the border between the two States.
In its special leave petition (SLP), Karnataka contended that the Kerala High Court had no jurisdiction to entertain a petition, filed by Kerala High Court Advocates’ Association, on a subject matter falling within the limits of Karnataka.
As the issue is between the two States over blockade of the border by one of the States, it is only the Supreme Court that has the jurisdiction to go into the dispute, it was contended on behalf of Karnataka government with a plea for urgent hearing of the SLP.
In its order, the Kerala High Court had observed that the Karnataka government cannot contend that it was not obliged to respect the fundamental right of a citizen who resides outside its territorial limit.
“We sincerely hope that the State government of Karnataka will take note of the said basic principles enshrined in our Constitution and take immediate steps to resolve the present stalemate,” the Kerala High Court had observed while issuing a specific direction to the Union government to remove blockade as the national highways come under the administrative jurisdiction of the Centre.
“... No doubt, restrictions may be imposed in times of a national emergency such as the present, but when the guidelines issued by the Central government under the Disaster Management Act itself permits travel for urgent medical treatment, then the said guidelines have necessarily to be enforced by the Central Government through the removal of the blockades that prevent such travel, “ Kerala High Court had said.
