Breaking News SC dismisses Petition by Kerala MLA seeking to remove...

SC dismisses Petition by Kerala MLA seeking to remove restrictions of negative RT-PCR test for people travelling from Kasargod district to Mangalore for their daily needs

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New Delhi, Oct 29 (ILNS) The Supreme Court today dismissed the petition filed by the MLA of Manjeshwar Constituency of Kerala seeking a direction against the centre to ensure that mandating of negative RT-PCR taken within 72 hours is not mandatory for people travelling from Kasargod district to Mangalore. 

A division bench of Justice L. Nageswara Rao and Justice B. R. Gavai looking towards the larger public interest refused to entertain the petition and noted that Circular issued by the State of Karnataka mandating the RT-PCR test compulsory once in 15 days for the Commuters is in the larger interest of the public and cannot be interfered with unless it violates the Fundamental Rights.

The Court has further cleared that the right of movement of an individual cannot be considered to be restricted by mandating the RT-PCR test. 

Mr Haris Beeran appearing for the petitioner prayed to the court for a direction to ensure free movement of the people having the first dose of the Covid-19 vaccine across the border.

He submitted before the Court that people of Kasargod are dependent on the Mangalore city for their daily needs; more specifically the students and patients. He has further submitted that even the Centre on August 25, 2021, had issued a guideline advising the states to open their territories and remove restrictions, however, in case of necessity of making RT-PCR mandatory state shall publish it in the interest of travellers. 

Mr Beeran further brought into the notice to the Court that Clause 6(3) of the guideline issued by the Centre provides the guideline where the Centre recommended that asymptomatic patients or persons who have been vaccinated may be exempted from showing a negative RT-PCR result.

The Court after hearing him at length dismissed the petition observing that the circular passed by the state does not infringe Fundamental Rights. However, the request made by the petitioner Court has granted him liberty to make a representation to the Government of Karnataka that shall be disposed of according to law.

The present petition was filed against the order passed by the Kerala High Court wherein the Court has dismissed the Writ filed by the petitioner challenging the circulars issued by the State of Karnataka on the ground of not having territorial jurisdiction./ILNS/KR/SNG/

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