RSS march permission row: Karnataka HC says it wants to set the right path for similar disputes in future

Justice MG Kamal today allowed the RSS and the State authorities to give one more shot at examining whether the issue could be resolved outside the Court.
RSS gathering
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The Karnataka High Court on Thursday said that it was proceeding cautiously in the case between the Rashtriya Swayamsevak Sangh (RSS) and the Congress-led State government over the date on which the RSS may be permitted to hold a route march in Kalburgi.

A Bench of Justice MG Kamal said that it hopes to set the right precedent for all such future disputes.

"This will go down in history as setting the path in future in such issues.. Let it set a path. That is why court is being cautious. Please bear this in mind. That is why counsel is also being asked to set a path," the judge remarked.

The Court made the observations while allowing the RSS and the State authorities to give one more shot at examining whether the issue could be resolved outside the Court.

Justice MG Shukure kamal
Justice MG Shukure kamal

Towards this end, both sides today agreed to meet on November 5. The meeting between the State authorities and the RSS' Kalburgi convenor, Ashok Patil, will be held at the Advocate General's office at 5 PM that day.

Advocate General Shashi Kiran Shetty and Patil's counsel, Senior Advocate Aruna Shyam and Advocate Kadloor Satyanarayanacharya, have also been requested to attend the meeting.

The interim order was passed after the RSS Convenor informed the Court today that he was unable to attend an earlier peace meeting held earlier this week due to a bereavement in the family.

Patil's counsel, Senior Advocate Shyam, added that he had instead sent three responsible representatives to attend the meeting.

Senior Advocate Aruna Shyam
Senior Advocate Aruna Shyam

Shyam said that if the State could hold another meeting, the RSS convenor would personally attend the same.

Advocate General Shetty responded that the same could be arranged.

The Court then suggested that the lawyers on both sides could also attend the meeting, to guide how it goes.

Justice Kamal urged the lawyers to ensure that this issue "sets a path" for such disputes in future.

"Definitely, we will try out best," the AG replied.

He assured that the State too wants to arrive at a solution to the dispute.

Karnataka AG Shashi Kiran Shetty
Karnataka AG Shashi Kiran Shetty

The RSS had initially planned to hold its march to commemorate its 100th anniversary on October 19 in Kalburgi's Chittapur.

It moved the Court after the State did not decide on an application seeking permission to conduct the march.

After the Court urgently heard the matter on October 19, the RSS proposed that it could hold the march on November 2 instead.

However, in the ensuing hearing on October 24, the State suggested that the march should be postponed further because of law and order risks.

The RSS, in turn, accused the State of enabling rival organisations to obstruct its march by entertaining applications to hold other rallies on the same date.

Senior Advocate Shyam pointed out that such rival organisations had even boasted to the media that they had sent in such applications for permission to hold rallies only to prevent the RSS from holding its march on November 2.

The State then told the Court that the local authorities were planning to hold a peace meeting with all such organisations to settle these disputes.

The Court then fixed October 28 as the date for holding the meeting and asked both sides to report its outcome.

However, the State today said that no definitive decision could be arrived at and that the RSS convenor did not attend the meet.

RSS convenor's counsel said that three representatives were sent instead and that the organisation still wished to hold the route march on November 2, regardless of whether the State wanted to permit other rallies on the same day.

The Advocate General assured that the State would first decide on the RSS' application before considering the permit of any other rally.

Notably, the RSS convenor has also filed an application to implead the Central government as party to the case. The Advocate General today objected to this, terming the move politically motivated.

The impleadment application, however, was not seriously pressed today by the RSS convenor's counsel.

The focus remained on whether the dispute could be resolved in the November 5 meeting.

The case will be heard next on November 7.

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