Karnataka High Court sits on Sunday to hear plea seeking permission for RSS route march, asks State to decide

The Karnataka High Court on Sunday directed the State government to consider the application seeking permission for the route march of Rashtriya Swayamsevak Sangh (RSS) on November 2 in Kalaburagi district's Chittapur [Ashok Patil V Deputy Comissioner and Ors].

Justice MG Shukare Kamal held a special sitting on Sunday and passed the direction on a plea moved by Ashok Patil, the District Convenor of RSS Kalaburagi.

The judge directed the State and district authorities to submit a report before the Court on October 24 indicating the action taken by them on the petitioner's application and detailing aspects like route, place and time.

"Respondent Nos.1, 3 and 5 shall take into consideration the above observation made in this order and the provisions of law referred to hereinabove and submit a report to this Court on 24.10.2025 indicating the action taken by them in according permission to the petitioner and his organisation with specific reference to the routes, place and time," the Court said in its order.

RSS was planning to hold route march on October 19 (today) to mark its 100th anniversary and as part of Vijayadashami festivities.

The petitioner had submitted applications to Municipal Officer and Police Inspector on October 13 seeking permission for the route march, but received no response. Later, written intimation was given to the Tahsildar and Executive Magistrate which also went unanswered.

On October 18, the Taluk Magistrate issued an endorsement raising twelve queries regarding the event to which the petitioner responded.

The Magistrate then declined permission, stating that other groups Bhim Army and Bharatiya Dalit Panthers had also sought to hold rallies at the same time and place, which could lead to law and order concerns.

The petitioner then approached the High Court seeking direction to the authorities to grant permission for the route march (Padasanchalana).

The petitioner's counsel, Senior Advocate Arun Shyam M, was asked today , whether there would be a possibility of holding the route march on any other date since the date of October 19 had been rendered moot.

Shyam then submitted that November 2 would be a convenient date.

Advocate General Shashi Kiran Shetty submitted that the State would ensure that a designated place will be  provided for the purpose of petitioner to hold their events on November 2.

The Court recorded the AG's submission. 

It observed that the right to assemble and move freely under Articles 19(b) and 19(d) of the Constitution is subject to reasonable restrictions, but such restrictions must be traceable to law, in this case the Karnataka Police Act.

The Court acknowledged the State’s duty to maintain public order but also underscored that the citizens have a corresponding responsibility to cooperate in preserving peace and harmony.

"Ultimately, it is the State authorities who are vested with the statutory powers to take reasoned decisions in exercise of their power traceable to the statute in granting or regulating the requests made by the citizens or the association, as the case may be. They are the best to take into consideration the ground realities of the situation and come to appropriate conclusion for the purpose and in the interest of maintaining public peace, order and tranquillity," the Court said in its order.

Thus, it directed the petitioner to submit a fresh application with complete details. The State authorities were directed to consider the same in accordance with law.

The State has to submit a report of its decision to the Court on October 24.

The Court also made it clear that it has not passed any orders yet on the merits of the plea and same will be passed after considering the report submitted by the State.

The case will be heard next on October 24.

Senior Counsel Aruna Shyam and Vadiraj Kadloor appeared for the Petitioners

Advocate General Shashi Kiran Shetty appeared on behalf of the State.