The apex court’s recent decision permitting the RSS to its annual Pathsanchalan in Tamil Nadu is literally a slap on the face of the Dravidian Model or Dravidian Stock DMK Government for its staunch, biased attitude towards Rashtriya Swayamsevak Sangh, Bharatiya Janata Party and Hindu outfits for reasons better known to it.
It was a setback to the DMK government led by M K Stalin, which tried all the tricks in its bag to prevent the Pathsanchalan in the StateState and pursued the case up to the Supreme court to achieve its goal.
RSS has been taking route marches in the State on the Vijayadasami every year. Due to the pandemic times, it could not organise route marches. Last year (2022), it approached the Government to permit them to take out route marches in over 51 places in the State on October 2. The processions were meant to commemorate the founding day of the RSS, celebrate Bharat’s 75th independence and observe the birth centenary of Dr B R Ambedkar. When permission was denied, RSS moved the Madras High Court, seeking direction from TN government to give permission. On hearing the plea, on September 30, 2022, Justice GK Illanthiraiyan permitted the RSS to hold rallies across Tamil Nadu on October 2 with some conditions. On September 30 2022, the Madras HC, while hearing a contempt of court petition, directed the TN police to grant permission to RSS to organise a rally on November 6 instead of October 2.
Viduthalai Chiruthaigal Katchi founder Thol Thirumavalavan filed a petition in the Madras High Court for recall of the order of the single Judge. On September 26, the HC refused to urgent hearing to recall an order passed by the court last week, saying the matter would be taken up for hearing in due course.
Tamil Nadu government again refused to permit to conduct of route march and filed a review petition on September 28 on war foot urgency. The HC November 2, the court rejected the State Government’s review petition.
On November 4, judge G.K. Ilanthiraiyan allowed the RSS to conduct route marches and have public gatherings at 44 locations around Tamil Nadu by a single with riders. He reprimanded the Police for not allowing rallies at 47 places in the State only based on information received from the intelligence department. Also, he issued instructions to it to hold protests at 44 locations. The court said there was nothing adverse in the intelligence reports cited by the Police while denying permission. The High Court order came after Tamil Nadu police denied permission for the march despite court orders asking to grant the license. It also imposed certain conditions on the permitted rallies, including the stipulation that they must be held in indoor stadiums or enclosed facilities.
RSS moved the Madras High Court with an application challenging the recent order of a single judge, which permitted its ‘route march’ and public meetings in auditoriums and open grounds alone. The letter patent appeal (LPA) from G Subramaniam also sought to punish the State government officials and the police personnel for not complying with the court’s earlier order directing them to grant permission to the RSS to take out the march on October 2. This included State Home Secretary, DGP, Greater Chennai Police Commissioner and the inspector attached to Korattur police station here.
Timeline of the case
- In 2022, when the Vijayadasami festival was celebrated throughout the country, RSS Tamil Nadu approached Tamil Nadu police for granting permission to conduct route marches in 50 places
- Since the State Govt. was sitting on the file, RSS Tamil Nadu approached Madras High Court and filed 50 writ petitions to direct the Police to grant permission.
- The Madras High Court, in its common order dated September 22, 2022, directed the Police to grant permission subject
- VCK filed an appeal before the 2-judge division bench against the order and thought the same was dismissed.
- The State Govt filed 50 review petitions which a Single judge dismissed
- Since the order of HC dated September 22, 2022, was not complied with by the State Govt, RSS Tamil Nadu was forced to file 50 contempt petitions before Single Judge
- During the hearing of the contempt petition, State Govt filed a status report stating that there have been a petrol bomb attacks on RSS and BJP cadres throughout Tamil Nadu
- Single Judge modified the order dated September 22, 2022 and gave permission for RSS to conduct procession within compounded premises in 23 places, rejected permission in 24 places, and granted permission at 3 places to conduct the route marches Based on the verdict
- Police allowed route marches at three places viz Cuddalore, Perambalur, Kallakurichi, which were held on November 6, 2022, peacefully without any untoward incidents
- Aggrieved by the order of a single Judge in not granting permission in other places, RSS Tamil Nadu filed 45 appeals to the division bench
- The division bench set aside the order passed by Single Judge in contempt petition and restored the original order passed by Single judge order dated November 2, 2022
- The State Govt filed an appeal against this order before the Supreme Court of India
- Honourable Supreme Court of India, after elaborate hearing of the State Government and Sr. Counsels of RSS, confirmed the prefers of the division bench and single Judge dated September 22, 2022
- The SC, on April 11, 2023, pronounced its orders allowing the RSS to conduct route marches in Tamil Nadu
A division bench of Justice R Mahadevan and Justice Mohammed Shaffi of Madras High Court directed the Tamil Nadu police to permit RSS path sanchalan in various districts across the State on public roads. It said, “Freedom of Speech is bedrock of our constitution 3 dates to be given and upon scrutiny of same permissions shall be granted to route march. State shall take all necessary appropriate precautions and measures to ensure law and order. RSS Organisation shall ensure there shall be no provocation or incident or incitement of violence of any kind.” On February 10, the Madras High Court directed TN police to grant permission to RSS to take out route marches in various districts across the State on public roads. TN government moved the apex court in February this year challenging the Madras High Court order, which allowed the pathsanchalans in the State.
The HC division bench in February this year urged the TN government to “act in a manner to uphold the fundamental right to freedom of speech, expression and assembly as regarded one of the most sacrosanct and inviolable rights envisioned in our Constitution”.
It had also observed “the State’s State’s approach towards citizens’ right can never be adversarial in a welfare state. It must be considered for granting permission for peaceful rallies, protest, processions or meeting so as to maintain a healthy democracy where the Constitution reigns supreme and the fundamental rights of citizens are place3d at a lofty pedestal”.
After reserving the orders on March 27, the SC, on April 11, 2023, pronounced its orders allowing the RSS to conduct route marches in Tamil Nadu.
Now, as the court has given permission for the Pathsanchalan, RSS (at the time of writing) decided to hold march across the Tamil Nadu at 45 places on April 16, 2023.
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