The Dharwad Division Bench of the Karnataka High Court has dealt a significant blow to the state Congress government by rejecting the Advocate General’s plea to confine the interim stay on the controversial government order that deemed gatherings of more than 10 people illegal. The ruling is being widely seen as a defence of the RSS and other organisations’ right to hold lawful activities in public spaces, including government premises.
The bench, headed by Justice M. Nagaprasanna, emphasised that restricting the interim order to only petitioners would undermine the purpose of protecting citizens’ constitutional freedoms. The judges questioned why the Supreme Court had not been approached before challenging the High Court order. AG Shashikaran Shetty responded that the government was still exploring legal options. The court extended the interim stay until December 15, directing the Advocate General to file a detailed objection within four weeks and scheduling the next hearing for 2:30 pm that day.
The state government’s order, critics argue, was an attempt to curtail the activities of the RSS and similar organisations under the pretext of preventing damage to public property. The government maintained that private organisations cannot conduct programs on government land without permission, effectively restricting events in parks, open grounds, and other public spaces. Senior advocate Ashok Haranahalli, representing the petitioners, countered: “You cannot treat every park and open ground as government property. Even playing cricket on a ground now requires permission. Only the District Magistrate has the authority under the Police Act.” Haranahalli further stated that the order was a blatant encroachment on citizens’ fundamental rights, particularly the right to assemble and organise lawful programs peacefully.
The High Court’s ruling is being interpreted as a major legal and political setback for the Congress government, which faced criticism for targeting the Rashtriya Swayamsevak Sangh (RSS).
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