The Kerala High Court on Tuesday heard a public interest litigation (PIL) that sought the opening of the Karnataka borders with Kerala, after five deaths were reported from Kasaragod district due to non availability of better treatment. During the hearing, the Karnataka government insisted that it will not be able to open its borders along Kasaragod – even for critically ill patients – as the Kerala district had a high number of COVID-19 patients.
This puts a lot of people in Kasaragod in a troubling position as the Kerala-Karnataka border district has for long depended on hospitals in Mangaluru for treatment. This includes people living near Manjeswaram, Hosangady, Uppala of Kasaragod district.
The Kerala High Court was considering a Public Interest Litigation through video conferencing. The case was adjourned on Tuesday and will be heard again on Wednesday, April 1.
Karnataka Advocate General Prabhuling Navadgi told the HC that three interstate roads are opened for the movement of essential supplies. However, he stated that ambulances from Kerala cannot be allowed as it cannot be made sure that they are not ferrying COVID-19 patients into the state.
He said that hospitals in Mangaluru are overburdened, as many people have been kept in isolation there, and pleaded with the HC to understand the concerns of the people of Mangaluru. The AG said that the resources of Karnataka are overstretched at this point, and the state cannot cater to the needs of patients from Kerala right now.
The AG also said that hospitals in Mangaluru have always made special arrangements for the patients from Kerala – and this time they’ve had to shut the border because of the crisis.
The court reminded the Karnataka AG that the Union government has directed all states to make sure that interstate transport of essential goods and emergency services should be allowed freely. However the AG replied that Karnataka would write to the Centre to exempt them from the order.
Kerala Additional Advocate General Ranjith Thampan said that two persons died on Tuesday as treatment was denied to them by blocking Mangaluru borders. He said that the two states are not India and Pakistan and that emergency services should be allowed as directed by the central government.
When the HC judge Justice AK Jayashankaran Nambiar asked Karnataka AG whether roads will be opened for emergency services to save a life, the AG replied that Karnataka was helpless in the situation as it will be difficult to differentiate coronavirus cases and other medical issues.
Justice Jayashankaran said that some relaxation can be made based on humanitarian aspects and he is not interfering legally. He also asked for relaxation for the people in Kasaragod, who live close to Karnataka and who largely depend on Mangaluru hospitals.
The case will be heard again on April 1 where both the advocates can revert on suggestions made by the HC.