The Madras High Court on Friday permitted the Rashtriya Swayamsevak Sangh (RSS) to conduct route marches across Tamil Nadu on October 25 and November 1, while criticising the State police for repeatedly denying permission. [Jagadeesan v. State]
Justice V Lakshminarayanan observed that despite several orders of the High Court and Supreme Court, the Tamil Nadu Police had consistently relied on the same reasons to deny permission for the processions.
"One thing must be said to the credit of the Tamil Nadu police. They have not come up with any novel reasons for rejection. They have consistently given the very reasons which this Court found as lame," the judge remarked.
The Court also directed the police not to prolong the matter and to coordinate with RSS organisers to finalise the timings and locations of the marches and subsequent public meetings by Monday, October 19.
The case arose from an application submitted by the RSS State Secretary on October 3 seeking permission to conduct route marches and public meetings as part of the organisation's Vijayadashami celebrations. The RSS had proposed October 18, October 25 and November 1 as alternative dates for the processions.
However, police authorities rejected applications citing the presence of places of worship belonging to other communities along the proposed routes, statues of rationalist leaders, traffic congestion, use of loudspeakers and possible law and order problems.
Justice Lakshminarayanan noted that these grounds had already been considered and disapproved in earlier proceedings involving the RSS.
Tracing the litigation to 2022, the Court referred to several earlier decisions recognising the organisation's right to conduct route marches, subject to lawful restrictions. It also referred to a 2023 ruling holding that public roads are secular spaces accessible to everyone irrespective of religion, caste or creed.
"It is a classic case of using a scalpel, not for the purpose of an operation, but to kill the patient on whom the operation is sought to be performed," the Court observed.
During Friday's hearing, Advocate General Vijay Narayan informed the Court that the State was agreeable to permitting the processions on October 25 and November 1, subject to modifications suggested by local police authorities depending on prevailing conditions.
The RSS also furnished details of the proposed processions, including routes, organisers, participant numbers and venues for public meetings.
The Court directed that these details be annexed to its order to prevent subsequent disputes. It also recorded an undertaking by the RSS to comply with conditions imposed in earlier judicial proceedings.
"The attitude of the police must not be that of Procrustes," the judge observed.
The Court emphasised that police authorities should attempt to process applications for approval rather than search for defects to reject them. It further urged RSS organisers to submit applications sufficiently in advance and expressed hope that such disputes would not continue to occupy judicial time.
Senior Advocate NL Rajah appeared for the petitioner.
AG Narayan appeared for the State with Public Prosecutor John Sathyan and Additional Public Prosecutor Arun Anbumani.