Kerala HC tells Centre to remove blockades on Karnataka-Kerala border amid lockdown

Kerala High Court on Wednesday directed Centre to remove border blockade imposed by Karnataka to allow entry for patients from Kerala to access emergency medical care in hospitals in Karnataka. High Court also said that Karnataka government had powers to close it.

'We expect Central Govt to act expeditiously'

"We, refore, direct Central Government to forthwith intervene in matter and ensure that blockades erected by State of Karnataka, on National Highways connecting said State to State of Kerala, are removed forthwith, and without any furr delay, so as to facilitate free movement of vehicles carrying persons for urgent medical treatment, across border between two States," High Court observed.

"We may re-iterate that we expect Central Government to act expeditiously in this matter, taking te of human lives that are at stake," High Court added.

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

As per se guidelines, states cant hinder inter-state transport for essential services, High Court pointed out. Also, a state government has authority to block a National Highway, which is an exclusive preserve of NHAI as per National Highway Act, it added.

High Court also rejected argument by Karnataka government that Kerala High Court has jurisdiction over issue. A bench comprising Justices AK Jayasankaran Nambiar and Shaji P Chaly passed interim order on a plea filed by Kerala High Court Advocates Association, seeking directions for opening road borders closed by Karnataka in wake of COVID-19. Earlier, Kerala Chief Minister Pinarayi Vijayan had written a letter to Prime Minister Narendra Modi seeking his intervention.

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Coronavirus pandemic in India

With 437 new cases reported in last 24 hours, tally of COVID-19 positive cases in India shot up to 1,834 on Wednesday night. number of deaths in country due to COVID-19 has risen to 41. total number of active cases in country is 1,649. 143 persons have been cured and discharged from hospitals. One person has migrated, according to data provided by Ministry of Health and Family Welfare.

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(With ANI inputs)