Bengaluru: The Karnataka government’s appeal challenging the interim stay granted by a single-judge bench of the High Court on the controversial order restricting RSS activities in public and government spaces was heard in the Dharwad bench of the High Court on November 4. After hearing detailed arguments and rebuttals from both sides, the Division Bench reserved its verdict for November 7.
The case stems from a government notification that effectively imposed an indirect ban on Rashtriya Swayamsevak Sangh (RSS) processions and events by categorizing any gathering of more than ten people as an unlawful assembly. The single-judge bench had earlier observed that such restrictions violated fundamental rights under Article 19, which guarantees freedom of assembly and association.
Advocate General’s arguments: ‘Order aimed at protecting public property’
Arguing for the state, Advocate General Shashikaran Shetty defended the government’s notification, stating that the intention was not to target any particular organization but to maintain law and order and protect government property.
“The restriction was introduced only to prevent damage to public infrastructure and to ensure that government-owned premises are used appropriately,” he said. He argued that no private or political group should be allowed to conduct programs or processions on government property without explicit permission.
Shetty further added that permission is mandatory for organizing any public gathering, including cultural or religious events, in open spaces or government premises. “Just as one cannot organize a function inside the High Court premises, similar rules apply to parks and public grounds. The administration has every right to regulate such activities,” he maintained.
Respondent’s counter: ‘An attempt to curb citizens’ rights’
Countering the state’s argument, Senior Advocate Ashok Haranahalli, representing Punashchhethana Seva Sanstha, contended that the government’s order was a direct assault on civil liberties. He argued that public parks and grounds should not be treated as government-owned restricted zones, as they are meant for public use and recreation.
“The police or government cannot arbitrarily decide to prohibit citizens from gathering peacefully in such spaces,” Haranahalli said, adding that the District Magistrate alone has the authority to take action under the Police Act in cases where public order is genuinely at risk.
He accused the state of bypassing due legal process to indirectly suppress RSS and affiliated organisations. “If the government wanted to lift the stay, it could have approached the same single-judge bench. Instead, it has chosen to escalate the matter to a division bench without new grounds,” he said.
Bench reserves verdict for November 7
After hearing both sides, the division bench reserved its judgment and stated that the final verdict will be delivered on November 7. The ruling is expected to have significant implications for freedom of association and political expression in the state.
The controversy began when the Congress-led Karnataka government issued a notification restricting gatherings and processions in public places, particularly around government institutions. The move was widely interpreted as an indirect attempt to curb RSS activities such as path sanchalans (marches) and training sessions.
Following the notification, Punashchhethana Seva Sanstha filed a petition in the High Court, arguing that the order was unconstitutional and discriminatory. On October 28, a single-judge bench headed by Justice M. Nagaprasanna granted an interim stay, terming the order “an overreach of executive power and a violation of citizens’ rights.”
The government’s subsequent appeal before the division bench sought to overturn that stay, insisting the move was administrative rather than political.
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