Tamil Nadu: Madras HC directs DMK Govt. to allow RSS Path Sanchalan or face contempt of court

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T S Venkatesan

The ruling Dravidian stock and its allies’ all out efforts to stop RSS from taking the annual Path Sanchalan on October 2 in over 50 locations, as the Madras High court ordered permit their rally on November 6 or face  action. The Court has issued this order on September 30 in contempt of court case against the denial of permission by the Tamil Nadu government.

Tamil Nadu Government denied permission for the RSS route march on October 2 citing law and order issues due to protests by certain groups in the event of the RSS taking out a route march on Gandhi Jayanthi. RSS functionaries moved the High Court with a batch of 30 contempt of court petitions against the TN police for denying permission.

The petitions came before Justice GK Ilanthiraiyan on September 30. After hearing both sides, the judge said that as the state’s objection was to hold the march on October 2, RSS can be granted permission for some other date. After getting alternate dates proposed by RSS, the court said that the route march can be held on November 6. The case will be heard next on October 31, and the state government has been directed to issue necessary approvals for the march before that.” If the Tamil Nadu government and the state police still do not grant the approval, the court will initiate contempt proceedings against them” the court said.

Counsel for contempt one of the petitioners, Senior Counsel S Prabakaran argued that on September 22, Justice Ilanthiraiyan had directed the police to grant the RSS permission for the march amidst reasonable restrictions. Yet, the police had rejected the organisation’s representation seeking such permission. He said that the TN police had “wilfully disobeyed” the High Court’s order. Prabakaran stated “  If today, in independent India, one cannot celebrate Mahatma Gandhi’s birth anniversary, an occasion this solemn, can’t be celebrated, then there is a complete breakdown of our liberty and fundamental rights”.  He argued “The judiciary is independent. No body, not even a government authority must throttle the judiciary. The police sitting over the court’s order seems like a mockery” .

The TN police cited Intelligence Bureau notes against granting such permission in the wake of the Centre’s five year ban on the Popular Front of India (PFI). He said that public interest must reign supreme. NR Elango argued “We cannot discard central intelligence reports regarding possible communal tension in Tamil Nadu. Public interest is supreme”. He also said that the police had filed review petitions in the High Court on September 27 itself after the State government had received at least seven intelligence reports regarding possible law and order problems in the State. Elango said “Why insist on October 2? Why Gandhi Jayanti when you hail Nathuram Godse? The RSS seems to have some hidden agenda”.

Counsel for petitioners requested the court to record the admission of state government after the raid and ban on PFI, law and order has deteriorated. They can’t act due to collapse of constitutional machinery.  Also for contradicting statements, reasons given to justify to deny permission for the rally.

TN Public Prosecutor Hasan Mohammed Jinnah told the court that about 52,000 police personnel were on the roads after September 22 to protect the life and liberty of citizens due to issues such as NIA raids, petrol bomb attacks and ban on PFI.  He expressed apprehension “ the rallies could trigger violence, as there were places of other religious worship en route to the procession. They should not shout slogans disgracing other religions, carry any weapons and indulge in any violent activities. If they comply with all these stipulations, permission may be granted, subject to the imposition of certain more conditions”. The petitioners also submitted that the purpose of the event was only to promote social and communal harmony and they would not carry any arms.

Multiple petrol bomb attacks were reported in the state against BJP and RSS members in Tamil Nadu following the arrests of PFI office-bearers by NIA last week.  Meanwhile, Coimbatore police arrested two PFI and one SDPI men – S Shajahan, M Mujipur Rahman, B Mohammed Rafig and Navid  in connection with hurling a petrol bomb at BJP leader’s shop.

The ruling DMK is turning the attention towards RSS. Countering it, its IT wing has yesterday (Sep.30) took out a Dravidian Track rally to highlight the origin and growth of the Dravidian movement, starting from the Justice party and its leaders. It was to highlight the Dravidian movement, achievements of DMK government in bringing out socio, economic and political transformation. The rally was a part of the Dravidian month programme.

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