Kerala HC asks Centre to border blockade imposed by Karnataka to allow entry for patients from Kerala

The Kerala High Court has directed the Union Government to remove the border blockade imposed by Karnataka to allow entry for patients from Kerala to access emergency medical care in hospitals in Karnataka.

"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," the High Court observed.

"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," the High Court added.

The High Court said that the denial of access to health services amounted to infringement of right to life under Article 21 of the Constitution of India. It also noted that the action of Karnataka was illegal, as it was contrary to the guidelines issued by the Union Ministry of Home Affairs on March 24 exercising powers under Disaster Management Act.

As per these guidelines, states cannot hinder inter-state transport for essential services, the High Court pointed out. Also, a state government has no authority to block a National Highway, which is an exclusive preserve of the NHAI as per the National Highway Act, it added.

The High Court also rejected the argument by Karnataka government that Kerala High Court has no jurisdiction over the issue.

A bench comprising Justices AK Jayasankaran Nambiar and Shaji P Chaly passed the interim order on a plea filed by the Kerala High Court Advocates Association, seeking directions for opening the road borders closed by Karnataka in the wake of COVID-19.