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Regular-article-logo Friday, 04 July 2025

Settle blockade dispute, SC tells states

“No state should precipitate the matter at this juncture,” the apex observed

Our Legal Correspondent Published 03.04.20, 11:29 PM
The Supreme Court refrained from passing a stay order on the April 1 directions of Kerala High Court asking the Union government to immediately remove the blockade on National Highway 66

The Supreme Court refrained from passing a stay order on the April 1 directions of Kerala High Court asking the Union government to immediately remove the blockade on National Highway 66 The Telegraph file picture

The Supreme Court on Friday asked the governments of Karnataka and Kerala to amicably settle the dispute over the blockade Karnataka has imposed on the arterial Mangalore-Kasaragod road that is key to the supply of medical and other essential commodities to Kerala.

The Supreme Court, however, refrained from passing a stay order on the April 1 directions of Kerala High Court asking the Union government to immediately remove the blockade on National Highway 66 as it was affecting the citizens’ fundamental right to essential medical care which is guaranteed under Article 21 (life and liberty) of the Constitution.

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Karnataka enforced the blockade fearing a spread of the coronavirus from Kasaragod, which has reported over 100 cases.

A Supreme Court bench of Justices L. Nageswara Rao and Deepak Gupta asked the Union health secretary to convene a meeting of the chief secretaries and health secretaries of Kerala and Karnataka immediately to resolve the crisis.

“No state should precipitate the matter at this juncture,” the court observed.

The court suggested that the official-level talks between the two states could explore the possibility of facilitating health-related emergency services, and posted the matter for further hearing to April 7. By the next date of hearing the two states are expected to inform the court about the outcome of the talks.

The bench issued formal notice to Kerala on a special leave petition filed by Karnataka challenging the April 1 order of the high court directing the Union government to take immediate steps to lift the blockade.

The Supreme Court also issued notices to the Karnataka government and the Centre on another petition filed by Kasaragod MP Rajmohan Unnithan challenging the blockade imposed by Karnataka.

Unnithan had contended that NH66 was under the National Highways Authority of India and so Karnataka could not decide to block the road.

Kerala High Court had ordered the removal of the blockade while dealing with a PIL filed by the State High Court Advocates’ Association. Karnataka had rushed to the Supreme Court claiming that the blockade was essential to prevent further spread of the pandemic, saying it had a bounden duty to protect the lives of its people, and citing the nationwide lockdown enforced by the central government.

Karnataka, represented by its advocate-general Prabhuling Navadgi, had told the apex court that Kerala High Court did not have the jurisdiction to deal with the dispute as it involved two states and as such it was the Supreme Court’s domain under Article 131 of the Constitution.

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