‘No curbs on movement of citizens from Kerala’
The Supreme Court on Friday made it clear that insistence by a State Government on negative RT-PCR results, for public health reasons, from people travelling in from another State cannot be construed as a “restriction of movement of citizens”.
The Constitution upholds a citizen’s fundamental right to move freely across the length and breadth of India.
However, a Bench led by Justice L. Nageswara Rao did not agree with A.K.M. Ashraf, a legislator from Kerala, who faulted Karnataka’s rule that people entering it from his constituency of Manjeshwaram at Kasargod district in Kerala should have a negative RT-PCR certificate taken within 72 hours of their trip. The lawmaker called it a violation of their right to free movement.
Mr. Ashraf, represented by advocate Haris Beeran, said people travel daily across the border to Karnataka from Manjeshwaram to Mangaluru in Karnataka for education, medical care and other essentials.
Karnataka’s rule “inhibits” the right to movement of these daily commuters.
But the court disagreed with Mr. Beeran’s submissions for the Kerala legislator.
‘No violation’
“There is no violation of any fundamental right of persons living in Kasaragod district to travel to Mangaluru or other parts of the State of Karnataka. Circulars issued by Karnataka cannot be interfered by this court in the interest of public health,” the Supreme Court recorded in its order. The court concluded there was “no restriction of movement of citizens from Kerala to Karnataka”.
It said the period of 72 hours had been revised to 15 days. “The revised circular issued by Karnataka on July 31, 2021 relaxed the earlier condition of undergoing RT-PCR test within three days prior to the visit to 15 days for students and other members of the public visiting Karnataka daily for education, business and other reasons,” the court noted.
Refusing to interfere, the court nevertheless gave Mr. Ashraf liberty to make a representation to Karnataka for relaxation of the conditions imposed by the circulars for entry for people from Kerala. “This shall be considered in accordance with law,” the court said.
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