No Check posts at Kerala-Karnataka Borders will be closed

Overview

• Karnataka government on 30th March, 2021(Tuesday) told the Karnataka High Court that it won’t act upon the directive provided by the Deputy Commissioner of Dakshina Kannada district to close the rarely used check-posts at Kerela Border.

What was the concerned matter?

• The matter in hand basically exists because of the directive issued by the deputy commissioner of Dakshina Kannada district on 15 March, 2021 specifically the Clause 3 of the Directive.
• Clause 3 of the directive issued stated that, “ In consideration of the situation, every gram panchayat/urban local bodies/municipality/town municipality, shall identify the points of the arrival of their respective jurisdiction to facilitate the public/student opening of the checkpost which are more likely to be used and closing of check post which are rarely used such decisions must be taken and directions issued for arrival from Kerela or Maharashtra state by panchayat task force committee which is already in existence.”
• Deputy Commissioner passed this modified order after the state government was bashed by the court for imposing travel restrictions in violation with the central government’s unlock guidelines which prohibit curbs on inter-state level.

Stand of the Karnataka Government

• Karnataka Government through Additional Advocate General informed the Karnataka High Court that it will not act upon the directive given by the deputy commissioner of Dakshina Kannada on 15 March, 2021.
• AGA also informed the honorable court that the Clause 3 of the directives given will be reconsidered.

Argument by petitioner and the stand of central government

• The counsel (Ad. K Ravishankar )of the petitioner( B Subbaya Rai) who challenged the border restriction also brought the latest guidelines dated 23 March,2021 issued by the central government, according to which there is no restrictions imposed on inter and intra-state level.
• Ad. M N Kumar,appearing on behalf of the union government affirmed the same and said, “ No border restrictions has been imposed in the latest guidelines”

Karnataka High Court on the concerned matter

• The bench was headed by the Chief Justice of Karnataka HC, Justice Abhay S Oka.
• At the previous hearing, CJ Oka has orally remarked that, the order passed is misconceived and issued in non-application of mind. This order provides arbitrary power to the local authorities to close or open any check post anywhere. It is worse than the previous order at least earlier there was clarity on which check posts were open.
• Today, the court said that, “There is a concept of federalism, you cannot simply close borders.”
• The bench also suggested the state government to make a statement before the honorable court that, all the check posts across the Karnataka-Kererla border is open and checking of RT-PCR reports of persons entering from Kerela can be done.
• Consequently, the matter has been adjourned for further hearing on April 1.

What is your point of view, Should the inter-state borders be closed for the time being or not?
Share what you think with us in the comment section.