Court rules that the order infringes on constitutional rights under Article 19; setback for state government.
Bengaluru
The ongoing tussle between the Congress-led Karnataka government and the BJP over restrictions on RSS activities took a new turn on Tuesday as the High Court stayed the state government’s recent directive mandating prior permission for private organisations to hold programmes in public or government spaces.
The order, issued on October 18, required private bodies, associations, and groups to seek official approval before conducting any activity on government premises, roads, parks, or public grounds. The directive immediately drew criticism from the BJP, which alleged that the move was politically motivated and aimed at curbing RSS events and processions across the state.
Delivering the interim stay, Justice M. Nagaprasanna of the Dharwad Bench observed that the government’s order, issued under the Police Act, effectively criminalised the assembly of more than ten people without prior permission and thus infringed upon the fundamental rights guaranteed under Article 19(1)(a) and 19(1)(b) of the Constitution — the rights to freedom of speech, expression, and peaceful assembly.
“The government cannot, through an executive order, take away the rights granted by the Constitution,” the bench noted, directing that the contentious order remain stayed until further hearing.
The court’s decision came in response to a writ petition filed by the Rashtriya Swayamsevak Sangh (RSS), which challenged the state government’s refusal to grant permission for its route march. The petition argued that the government’s order was unconstitutional, arbitrary, and violative of citizens’ right to assemble peacefully.
With the High Court granting interim relief, the Congress government has faced a legal setback in its effort to regulate private gatherings in public spaces — a move the opposition has described as an “attempt to muzzle ideological opponents.”
Legal experts said the stay order reaffirms the judiciary’s consistent stance that executive actions cannot override constitutional freedoms, especially those linked to peaceful public assembly.
BOX
A writ petition filed in the Dharwad Bench of the Karnataka High Court challenged the government’s refusal to allow an RSS procession, terming gatherings of over ten people as illegal. Justice M. Nagaprasanna’s bench issued notices to the State Government, Home Department, and Hubballi Police Commissioner.