RSS marches: Karnataka High Court refuses to lift stay on State order against unauthorised public assemblies

A Division Bench of the Karnataka High Court on Thursday refused to lift the stay on a State government order (GO) restricting any unauthorised assembly of more than 10 people in public spaces, like roads, parks, and playgrounds [State of Karnataka v. Punashchethana Seva Samaste and Ors]..A Division Bench of Justices SG Pandit and Geetha KB refused to interfere with the stay order recently passed by a single-judge and asked the State to approach the single-judge with its request to lift the stay."It is open for the appellants to file an application for vacating the interim order and if such an application is filed, we are sure that the single judge will consider the said application .... all contentions are left open," the Division Bench said while dismissing the State's appeal..Representing the State, Advocate General Shashi Kiran Shetty then urged the Bench to consider passing orders to restrict the operation of the single-judge order to the petitioners who had challenged the GO alone. The Division Bench refused to accede to the request. "Make a request to the learned single judge," the Bench advised. "I am requesting your lordships," AG Shetty replied. The Bench, however, turned down this plea as well, opining that it is better not to bypass the single-judge on some matters like this. .The October 18 government order in focus had reportedly passed the order in the backdrop of proposed marches by the Rashtriya Swayamsevak Sangh (RSS) to commemorate its 100-year anniversary celebrations. The GO was challenged by four petitioners, namely an organisation called the Punashchethana Seva Samaste, a society named the We Care Foundation, and two individuals, Rajeev Malhar Patilkulkarni from Dharwad and Uma Satyajit Chavan, a social worker from Belagavi.They argued that the government decision squarely affected their fundamental right to peaceful assembly..On October 28, the GO was stayed by the single-judge Justice M Nagaprasanna..Justice Nagaprasanna noted 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 of India, particularly the freedom of speech and expression and the freedom to assemble peacefully.The single judge emphasised that fundamental rights cannot be taken away through a government directive in the absence of proper legislative backing. He proceeded to stay the GO until a petition challenging the same is heard next.This interim order was challenged by the State before the Division Bench, which refused to interfere in the matter today. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.