KERALA HIGH COURT ADVOCATES ASSOCIATION Vs. STATE OF KERALA

JUDGEMENT

(1.) Pursuant to our last order, dated 30.03.2020, we heard the learned Advocate General of Karnataka through Video Conferencing on 31.03.2020, as well as today (01.04.2020). At the time of hearing on 31.03.2020, it was submitted by the Advocate General of Karnataka that some of the road routes from Karnataka to Kerala, bordering Kannur District, that had hitherto been blocked by the State of Karnataka, could be opened and maintained as such till the lifting of the lockdown arrangement, to facilitate transportation of essential commodities to the State of Kerala. He then sought for a day's time to ascertain whether it would be possible to remove the blockade over the roads bordering Kasaragod District, so as to facilitate the movement of vehicles carrying patients who required urgent medical attention.

(2.) At the video conferencing scheduled @ 1.45 pm today for the purpose, the learned Central Government Standing Counsel submitted that he had instructions from the Ministry of Home Affairs, that efforts were on to try and bring about an amicable resolution of the issue, and that a meeting with the Chief Secretaries of the two States was also being considered. Reacting to the said submission, the learned Advocate General of Karnataka submits that it would be desirable for this court to await the outcome of such deliberations before passing any orders in this case.

(3.) The learned Senior Counsel appearing for the Petitioner, as also the learned Additional Advocate General of Kerala would, however, object to the said submission and point out that, when the right to life of a citizen is at stake, and the action of the State of Karnataka in erecting blockades that prevent the movement of persons seeking medical relief, go against the grain of the guidelines issued, both by the Central Government under the Disaster Management Act, as also the Government of Karnataka under the Epidemic Diseases Act, 1897 read with the enabling provisions under the Disaster Management Act, 2005, this Court ought not to wait any longer, and must pass urgent orders to protect the fundamental right of the citizens.