[Coronavirus] Eight lives lost due to border blockade by Karnataka, local sentiment not against blockade removal: Kerala to Supreme Court

The State of Kerala has informed the Supreme Court that eight lives have been lost due to the blockade of interstate entry points by Karnataka, in view of the Coronavirus lockdown..On April 3, a Supreme Court Bench of Justices L Nageswara Rao and Deepak Gupta had urged Karnataka and Kerala to amicably resolve their issues concerning the border blockade that has choked the free flow of vehicles carrying essential items and patients in the midst of the COVID-19 outbreak..Karnataka vs. Kerala dispute on opening borders amid COVID-19: SC favours amicable resolution, directs not to precipitate issue for now.Karnataka, which imposed the blockade, justified that its border was sealed to “combat the spread of the pandemic by preventing the movement of people from the bordering districts of Kerala to Karnataka”..Karnataka had moved the Supreme Court in a special leave petition challenging a Kerala High Court order on April 1 to open the border..Breaking: Kerala v. Karnataka Border dispute amid Coronavirus Lockdown reaches Supreme Court.In the counter affidavit filed by Kerala on 6 April, the state has claimed that people were dying due to the road blockades..“Eight lives have been lost till date on the account of these blockades by Karnataka. One person died after this special leave petition was filed by the State of Karnataka,” reads the 25 page counter affidavit..Kerala has also submitted that the blockades made by the State of Karnataka on many roads passing through the Kerala state borders are “clear encroachments into the geographical territory of the State of Kerala”. “At a junction called Panamangalore, Pathor road, which is a Kerala state highway has been blocked by Karnataka within 200 metres of the Kerala border,” reads the counter..On April 3, the Supreme Court had issued notice to Kerala on the appeal filed by Karnataka, represented by Advocate Shubhranshu Padhi. The case had been listed for further hearing on April 7..Karnataka, in its appeal against the High Court order, said the blockade was put in place in the interest of public health. The situation regarding Coronavirus was “really dire”, it said. It warned that opening the blockade would cause a law and order issue as its local population wanted the border to remain sealed..Karnataka argued that Kerala was the state that was “worst-affected” by the Coronavirus outbreak in the country. Kasaragod, adjoining Karnataka, was the “worst affected” district of Kerala, with over a 100 positive cases..Meanwhile, the Apex Court had urged Kerala not to take any precipitative action based on the High Court order..However, Kerala in its counter has urged the Court that claims made by Karnataka on how local sentiment was against removal of road blockades was false..“Hospitals in Mangalore are ready to cater to patients from Kasergod", reads the affidavit, which also contains a letter written by Dr Yusuf Kumble, Cardiologist and Managing Director of Indiana Hospital, Mangaluru, to the Deputy Commissioner, Dakshina Kannada, Mangaluru..Kerala has argued this letter debunks Karnataka's contention that local sentiment was against removal of the blockade..Kerala states that a March 23 order of the Karnataka government laid down steps to be taken during the COVID-19 lockdown. However, this order maintained that state borders with neighbouring states will remain open for medical emergencies. A later addendum restricted inter-state movement of patients. Kerala has contended that this addendum is "unsustainable in law.".Kerala, while stating that Karnataka's special leave petition against the Kerala High Court was not maintainable in law, also states that alternate routes suggested by Karnataka “are either circuitous or create difficulties in so far as Kannur district in Kerala is concerned”. Further, the “blockade of traffic will result in price rise of essential commodities in Kannur district”, the counter adds..In its counter affidavit, Kerala has also stated that relief sought in the petition by Karnataka was against the Central government notifications. Moreover, the act of blocking of borders and denying entry to people in need of medical facilities and essential commodities was a breach of the law passed by Parliament..“The relief sought in the writ petition is only against the central government. It is the central government which came up with the guidelines in terms of the provisions of the Disaster Management Act. Those guidelines permit interstate transport for medical purposes and of essential goods. Central government is constitutionally obliged to direct compliance of the laws made by parliament,” reads the counter affidavit..On April 3, the Supreme Court had also separately considered a writ petition by Kasaragod MP Rajmohan Unnithan for an order to forthwith open the state border..The parliamentarian, represented by Advocates Haris Beeran and Pallavi Pratap, urged the court to issue an ex parte stay on the operation of the blockade imposed by Karnataka..Unnithan said that Karnataka’s blockade was “ill-planned and dangerous” and had led to loss of lives. Two patients from Kerala, in need of urgent medical care, died after their ambulances were denied entry at the border by the Karnataka authorities. One of them was a 70-year-old woman, he stated..The case will be heard next on April 7. On this date, the Chief Secretaries of both states are required to appear. They were earlier asked by Supreme Court to sit with the Union Health Secretary and iron out a solution.