RSS marches: Karnataka High Court stays State order against unauthorised gatherings in public spaces

The Karnataka High Court on Tuesday stayed a State government order that restricted unauthorised assembly of more than 10 people in public spaces, like roads, parks, playgrounds [Punashchethana Seva Samaste and Ors V State of Karnataka and Ors ]

The government had reportedly passed the order in the backdrop of proposed marches by the Rashtriya Swayamsevak Sangh (RSS).

Justice M Nagaprasanna noted that that though the government order was aimed at curbing unauthorised use of public property, it prima facie infringed upon the fundamental rights guaranteed under the Constitution, particularly the freedom of speech and expression and the freedom to assemble peacefully.

The Court emphasised that the fundament rights cannot be taken away through a government directive in absence of a proper legislative backing it as it would violate Article 13(2) of the Constitution.

Concluding that the government order cannot be permitted to operate, the Court stayed it till the next date of hearing.

The stay order came on a petition filed by a group, Punashchethana Seva Samaste and others, seeking quashing of the government order dated October 18. It was argued that the government decision squarely affected the fundamental right to peaceful assembly.

After hearing the matter, the Court also issued notices to the Chief Secretary, Under Secretary (Home), Principal Secretary (Personnel and Administrative Reforms), Director General of Police (DGP), Dharwad City Police Commissioner, Dharwad Deputy Commissioner, Law and Parliamentary Affairs Department Secretary and Commissioner of Hubballi-Dharwad Municipal Corporation (HDMC).

Senior counsel Ashok Haranahalli appeared on behalf of the petitioners.