The Karnataka High Court Tuesday stayed a government order prohibiting gatherings or rallies of more than 10 people in public spaces without prior permission. The government order restraining gatherings came in the backdrop of proposed route marches by the Rashtriya Swayamsevak Sangh (RSS) to mark the organisation’s centenary.
Hearing a petition by a group, Punashchetana Seva Samsthe, Justice M Nagaprasanna of the Dharwad bench ordered, “A government order restricts conglomerations of persons more than 10 to become an unlawful assembly, and could be penalised under BNS (Bharatiya Nyaya Sanhita), 2023. Certain clauses are to be noticed, albeit at the periphery….prima facie the Government Order takes away the right conferred upon citizens…”
The group’s petition before the high court requested a ruling quashing the government order dated October 18 on the grounds of violation of several fundamental rights. It also requested that government officers and others be restrained from enforcing the order against those engaged in “peaceful civic, social, or cultural activities” on public premises. In the interim, it requested a stay on the order.
The BJP had alleged that the government order was aimed at restricting the activities of its parental organisation RSS, as leaders within the ruling Congress, such as IT Minister Priyank Kharge, recently sought to prevent RSS gatherings in public places.
Previously, members of the RSS approached the Karnataka High Court with regard to a proposed march in Chittapur, which falls within Kharge’s constituency. Permission for the Chittapur march was initially denied when other groups also sought to march on the same date and route.
The high court directed the authorities to hold a meeting with organisers Tuesday, while the issue of holding a march in Chittapur will be heard again Thursday.
Representing the petitioner in Tuesday’s hearing, Senior Advocate Ashok Haranahalli submitted, “Article 19(1) b (freedom of assembly) is squarely affected in this….in exercise of executive power can the right be taken away? Suppose I am doing a laughter club in a park or a walking group, how does it become unlawful assembly? Parks vest with the local authority under the Parks and Open Spaces Act. Streets vest with the Corporation. Power does not vest with the Government.” He further argued that the Karnataka Police Act already regulated the matter.
Story continues below this ad
The bench stated that the government order infringes upon Article 19 of the Constitution, which guarantees freedom of speech and the right to assemble.
“It is trite law that a right granted under Chapter 3 of the Constitution can only be taken away by a law promulgated and not by a Government Order. If this order is left to stay it would in effect become violative of Article 13(2) which indicates that a fundamental right can only be abridged/taken away by a law…..the Government Order and all its consequential orders shall remain stayed until the next date.”
Meanwhile, the counsel for the state submitted that he would file his objections within a day.