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A Supreme Court bench consisting of Justices Nageshwar Rao and B.R.Gavai has held that circular of State of Karnataka mandating compulsory RT-PCR test once in 15 days for people traveling from Kerala is in larger interest of of the public and cannot be interfered with unless it violates fundamental rights. The bench further noted that the right of movement of an individual cannot be considered to be restricted if a State mandates RT-PCR or RAG test for those traveling from other States.

The present Special Leave Petition was filed by one A.K.M. Ashraf the MLA of Manjeshwar constituency in Kerala. He has earlier filed a writ petition before Kerala High Court seeking a direction against the Centre to ensure that mandating of negative RT-PCR taken within 72 hours is not mandatory for people traveling from Kasargod to Mangalore. He further sought directions from the High Court to open border to Karnataka at Kasargod. Finally, he sought the court to direct the Centre to ensure free movement of those people who have taken one dosage of the COVID-19 vaccine across the border. The  Kerala High Court dismissed the WP was dismissed the writ petition on ground that  it had no territorial jurisdiction and that the cause of action for this writ had not taken place in Kerala.

When the matter was taken up for hearing today Harish Beeran, Advocate, appearing for the petitioner submitted that  the people of Kasargod  and more specifically Manjeshwar depend on Mangalore city for education, medicare and other needs. Travel to Mangalore has been inhibited by circular issued by Karnataka, which mandated people crossing into Karnataka to produce negative RT PCR test which was taken within 72 hours. However on 31st July, the Government of Karnataka eased the restriction on people traveling from Kerala and mandated that they produce an RT PCR negative taken within a period of 15 days from date of travel. This was done in the interest of students, business professionals and others. 

Beeran further referred to guidelines issued by the Centre on 25th August advising the State to open their territories and remove restrictions of people traveling by road, rail and air. He further argued that the circular mandated that in case a State wishes to make  RT PCR, RAP test compulsory, it shall publicise requirement widely in the interest of traveler. He further refered to clause 6(3) of the guideline where the Centre recommended that asymptomatic patients or persons who have been vaccinated may exempted from showing a negative RT-PCR result.  

The bench upon hearing the arguments held that there is no restriction of movement of citizens from Kerala to Karnataka and that the right of movement of individual is not restricted by these circulars. The court held that there is no violation of fundamental rights in these circulars and hence it cannot be interfered with by Court. However, the petitioner was granted liberty to make a representation before the Government of Karnataka in this regard.

Case title: Ashraf Vs Union of India