Karnataka vs. Kerala dispute on opening borders amid COVID-19: SC favours amicable resolution, directs not to precipitate issue for now

The Supreme Court on Friday issued notice in the Karnataka’s appeal challenging the Kerala High Court’s direction to the Centre directing the opening of the Karnataka-Kerala border during the Coronavirus lockdown (Harshan Ali KS vs. Union of India and ors). .In doing so, the Supreme Court has also directed that the issue not be precipitated, including the opening of borders, until the next date of hearing on April 7, Tuesday..The matter was heard by the Bench of Justices L Nageswara Rao and Deepak Gupta via video conference..The Bench today favoured an amicable resolution of the dispute by the two States. To this end, the Court also directed the Union Health Secretary to conduct a meeting with the Health Secretaries and Chief Secretaries of both States. The respective functionaries are expected to discuss on the parameters for allowing passage at the border in case of health emergencies..The order passed today states,."We direct the Union of India and the States of Karnataka and Kerala to confer immediately and formulate the parameters for passage of patients for urgent medical treatment at the interstate border at Talapadi."Supreme Court.Read the order:.After the Kerala High Court directed the State of Karnataka to open its borders for the purpose of allowing passage of emergency and carrier vehicles amid lockdown, the State of Karnataka moved the Supreme Court challenging this order. .The passage was sought to allow patients from Kerala's Kasargode district to travel to nearby hospitals in Karnataka's Mangalore district for medical treatment..Appearing for the Karnataka Government, Advocate General Prabhuling Navadgi told the Supreme Court that opening the border would hamper the State's effort to contain COVID-19, since Kasargod is a hotspot for Corona..Appearing for the State of Kerala, Senior Advocate Jaideep Gupta emphasised that the blockades on the border were directed to be removed only allow the movement of vehicles carrying patients in need of urgent treatment. .Advocate Romy Chacko, for the Kerala High Court Advocates' Association, submitted that 6 patients from Kerala have already died as a result of the blockade on the border, due to lack of medical treatment..After hearing submissions today, notice on the plea has now been issued to the Central Government and other respondents, including the State Government and Kerala. .The Court is also expected to adjudicate on Karnataka's assertion that the Kerala High Court did not have the jurisdiction to pass its order as well as the merits of the case. .The petition filed on behalf of the State of Karnataka by Advocate Shubhranshu Padhi argues that, "any opening of the road will lead to disastrous consequences."."The sealing of the state borders with the neighbouring states is in the interest of public health especially when there is a grave concern of spreading of the disease from the Bordering- Districts of the State of Kerala where the situation is really dire."Petition filed by Karnataka.While challenging the order passed by the Kerala High Court, it is Karnataka’s stance that the appropriate forum for the dispute was either the Karnataka High Court, given that the alleged cause of action arose only after persons attempted to enter the territorial limits of Karnataka, or the Supreme Court, in view of Article 131 of the Constitution. .Therefore, the Kerala High Court did not have jurisdiction to pass the order under challenge, the petition argues..The Government of Karnataka has also argued in its petition that:The decision to close its borders with Kerala and other neighbouring states is based on adequate material which showed that the facilities in the Mangalore district would not support patients from outside the State and there was every possibility of a serious outbreak of the COVID-19 in the border districts of Karnataka if free ingress and outgress of patients is allowed.The March 31 order which banned such movement was passed in circumstances involving extreme urgency, and the same was not called in question by the Kerala High Court.The Kerala High Court's assumption that the Central Government has overriding powers over all National Highway completely fallacious. Rather, it is argued that the Centre only has limited powers to manage and administer National Highways. Pertinently, it is emphasised that such powers would not take away the State's power to regulate movement within its territorial boundaries.It is added, "In a federal structure of our country, the relations between the Union of India and the State Governments is that of a delicate balance and any High Court would be loathe to interfere with the same under Article 226 of the Constitution of India."Further, the State of Karnataka has pointed out that there are two alternate routes for transporting goods from Mysore to Kunnur, "which is only 21 Kms longer and is being kept open.".On April 1, the Kerala High Court passed an interim order directing the Central Government to expeditiously lift blockades erected by the State of Karnataka on the Kerala-Karnataka border amid the Coronavirus lockdown. .Breaking: Kerala HC directs Centre to remove blockades on Karnataka-Kerala Border erected by State of Karnataka amid Coronavirus Lockdown.While doing so, the Bench had remarked, "we feel compelled to issue directions to the Central Government today because we are of the view that any further delay in issuing directions could entail loss of precious lives of our citizens."