RSS march at Chittapur: State defers decision citing 'tense' situation; Karnataka HC directs peace meet

The Karnataka government on Friday told the High Court that it is yet to decide on an application by the Rashtriya Swayamsevak Sangh (RSS) to hold a route march in Kalaburagi district's Chittapur, because local authorities have reported that there is a tense situation prevailing in the area [Ashok Patil V Deputy Comissioner and Ors].

Appearing before Justice KGS Kamal, Advocate General Shashi Kiran Shetty (AG) read from a report which said that some tensions in Chittapur have escalated due to social media posts by some organisations and that there is a risk of public disorder if any procession is permitted in the area in the coming days.

The report suggested that processions could be permitted in Chittapur on later dates, once the situation normalises.

The report also flagged narrow roads, dense populations and traffic congestion in the area where the procession is sought to be held.

In view of these concerns, the AG urged the Court to adjourn the hearing on another date, adding that the State has not yet rejected the RSS' plea for permission to hold the march but only deferred it.

Ashok Patil, the district convenor of RSS Kalaburagi, opposed the request to prolong the matter further.

Senior Advocate Aruna Shyam, appearing for Patil, recounted that the march was initially scheduled on October 19 and that the Court had even heard the matter on an urgent basis that day, despite it being a Sunday.

Shyam pointed out that on October 19, the RSS had agreed to postpone the march till November 2 on the Court's suggestion. There was a gentleman's agreement that the State would grant permission to conduct the route march on the said date, once the route and other such details were finalised, Shyam contended.

However, now the State was enabling rival organisations to obstruct the route march even on November 2, Shyam highlighted.

He flagged concerns that several other organisations had even boasted to the media that they filed applications for permission to hold rallies in Chittapur on the same date that the RSS wished to hold their route march. This was being done only to prevent the RSS march and the State was facilitating such attempts, he argued.

"They (State) are creating the problem, not solving. Some organisations - they made representations before the media. Kindly see, they say they deliberately want procession on that date to curb (RSS procession). And government is facilitating this All I am saying is we agreed on November 2. Others may be accommodated on some other date. Whole year they (other organisations) can protest," he argued.

The AG replied by contending that the RSS need not worry about applications filed by other organisations for rallies.

"There are 8 organisations. We are not concerned with any of them. Lot of people may say a lot of things. What we are concerned with is when the petitioner (RSS) can do the procession. SP's report says it is not an appropriate time due to law and order there," he said.

He maintained that the State's only focus is to ensure that there is no law and order disruption in the area.

"250 (RSS) marches were done in Karnataka without problem. Let them not create further law and order," the AG submitted.

"We are not creating law and order problem. 250 marches took place without problem. If State has got difficulty in maintaining law and order, let Central forces be deployed," Senior Advocate Shyam retorted.

The AG was quick to object to such a line of argument.

"This (calling for Central intervention like this) is my learned friend's problem," he said.

"This is my fundamental rights. There is no prohibition to do it. Peaceful protest is permitted under Constitution," Shyam replied.

The Court ultimately focused on the State's submission that a peace meeting will be called at Chittapur by the local authorities with organisations who have sought to carry out rallies there, before a final decision is taken on the proposed RSS route march in the area.

"Local authorities will talk to all organisations. We will try to resolve at the earliest," the AG said.

"This is an opportunity to exhibit how well you can accommodate everyone. We hope, with your administrative capability, you can resolve this also," Justice Kamal replied, before eventually ordering that the peace meeting be conducted on October 28.

The matter will be heard next on October 30 when a report on the outcome of the meeting is to be placed before the Court. The State said it will communicate the time and venue of the meeting to all stakeholders within a day.

"If everything goes well, 2nd (November), you can have (the route march). Let us see how it is," Justice Kamal told the RSS district convenor's counsel.