Alka Verma –
Published On: October 4, 2021 at 10:20 IST
An MLA of the Kerala Legislative Assembly filed a Petition in Supreme Court challenging the Order of the Karnataka State Government that made a negative RT PCR test report mandatory to enter in Karnataka, even if the person has taken the first dose of the Vaccine.
The MLA, in his Plea challenged the action of Kerala High Court, which denied to entertain the Plea of MLA.
AKM Ashraf, the MLA stated that the Kerala High Court in its Order put a stay on the matter stating that it lacks the Jurisdiction to do so.
A similar Petition was also filed in the Kerala High Court that sought the suspension of the guidelines issued on 31.07.2021 that mandated a negative RT-PCR Certificate taken within 72 hours of travel.
The Counsel before the Supreme Court argued that “Grave miscarriage of justice has been caused to him and to other similarly placed persons, who have to commute daily or for essential medical or other needs to Dakshin Kannada district in the State of Karnataka from Kerala and/or Maharashtra, on account of erroneous dismissal of the writ petition by the High Court”.
In the Petition filed before the High Court, they challenged the Order of Deputy Commissioner which directed to close the Kerala – Karnataka Border and to cancel the Government Transport buses.
Regarding this, the Counsel in front of Apex Court stated, “The effect of these two orders are felt gravely by the people of Kerala and therefore the people of Kerala are only ones adversely affected by these orders.”
Talking about the denial of the Kerala High Court to entertain his Plea, the Petitioner stated that the High Court under Article 226 (2) of the Constitution of India possessed adequate power to issue a Writ against any Government even if the seat of such Government is outside its territory.
Lastly the Petitioner contended that the Order of the Karnataka Government violates the Order of Centre.
Also Read: Bombay HC: PIL seeks Relaxation of Travel Restrictions for Vaccinated People
