New Delhi: The Kerala government told the Supreme Court Monday that Karnataka's blocking National Highways and border roads due to coronavirus, preventing people's access to medical treatment and movement of essential goods, is violative of fundamental rights of the Citizens.
It said eight lives have been lost till date on account of the blockade of border roads by Karnataka and one person had died after an appeal was filed by Karnataka government in apex court against the Kerala High Court order for opening the borders.
In its affidavit filed in the top court, Kerala said the Union government, under whom the National Highway fall, is duty-bound to issue a direction to Karnataka to remove such blockade for transporting patients requiring medical attention as well as essential goods to Kerala.
The top court, while posting the matter for hearing on April 7, had on Friday sought responses from the Centre and the Kerala government on the plea of Karnataka challenging the high court order for opening of borders to ensure movement of essential supplies amid the coronavirus or COVID-19 pandemic.
The act of the State of Karnataka in blocking the National Highways and other roads to Kerala, to extent of even preventing residents of Kerala from getting access to medical treatment and preventing movement of essential goods, is violative of the fundamental rights guaranteed to the citizens of India residing in Kerala under Articles 19(1)(d) and 21 of the Constitution of India, the Kerala government said.
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It said Karnataka is constitutionally mandated to remove the blockade of various entry points from Kasaragod district in Kerala to Karnataka, including National Highway, and blockade at the Thalassery - Coorg (Kodagu) Road at the Inter-State Border at Kuttupuzha.
It said the Centre is also mandated under the Constitution to direct Karnataka to remove the blockade.
Kasaragod is the northernmost district of the state and it borders Dakshin Kannada district of Karnataka, Kerala said, adding that many people are dependent on hospitals and medical facilities available in Mangalore and Sullya in Dakshin Kannada district because they are the nearest towns.
From Talappady in Manjeshwar Taluk of Kasaragod district, the distance to Mangaluru is merely 15 kilometres. This has been the practice for decades. So the free flow of ambulances and vehicles carrying patients across the border is to be enforced in order to save human lives.