Supreme Court refuses to hear MLA AKM Ashraf's plea challenging notification limiting inter state movement amid COVID between Kerala and Karnataka

The Supreme Court on Friday refused to entertain the plea challenging order of the Kerala High Court dismissing the petition seeking relaxation in the guidelines imposed by the State Government over the inter-state movement amid COVID-19.

A divisional bench of Justice L Nageswara Rao and Justice BR Gavai said "there is no restriction of movement of citizens from Kerala to Karnataka. The circulars issued by the Government of Karnataka insist on a negative RT-PCR certificate from people traveling to Karnataka from Kerala."

The petition has been filed by AKM Ashraf, MLA Manjeshwar stating that people in Kasaragod depend on Mangalore city for education, medicare, and other needs. Their travel to Mangalore on a daily basis has been inhibited by circulars issued by the State of Karnataka whereby the commuters from Kerala to Karnataka are required to produce a negative RT-PCR report which is valid for 72 hours.

Advocate Haris Beeran appearing for Ashraf submitted that the guidelines issued by the Central Government advises the State Governments not to place any restrictions on interstate travel by air, rail, water, or road. In case of RT-PCR or RAT being required prior to entry, entry in a State, the State Government shall publicize the requirement widely to maximize traveler convenience.

However, the bench penned that "There is no violation of any fundamental right of persons living in Kasaragod District to travel to Mangalore or other parts of the State of Karnataka."

While dismissing the challenge, the court said, "Circulars issued by the State of Karnataka cannot be interfered by this Court in the 4 interest of public health."

Ashraf has sought the following directions:

• direction to the Union of India to ensure that possession of a negative RT-PCR certificate taken within 72 hours is not mandatory for daily commuters from Manjeshwaram Kasaragod District to the State of Karnataka.
• to open the border with Karnataka and in particular KasaragodMangalore border at Thalappady.
• to ensure free movement of daily commuters who have taken at least 1st dose of Covid vaccine through the border without insisting on a negative RT-PCR certificate taken within 72 hours.

Case Title: AKM Ashraf Vs. Union of India & Ors.