The Karnataka High Court has reserved its verdict on the State government’s appeal challenging a stay on its order restricting public gatherings.
Bengaluru
The Karnataka High Court on Tuesday reserved its verdict on the State government’s appeal challenging a single judge’s interim order that stayed the Home Department’s Government Order (GO) restricting gatherings of more than ten people for peaceful civic, social, or cultural activities in public places.
On October 28, the single judge had remarked that the GO appeared to prima facie violate citizens’ fundamental rights under the Constitution. The order had prohibited any rally or procession involving the use of government property, including roads, parks, playgrounds, and water bodies, if more than ten people assembled—treating it as an unlawful gathering.
Appearing before a division bench of Justices S.G. Pandit and Geetha K.B., Advocate General Shashi Kiran Shetty argued that the GO did not prohibit assemblies but sought to ensure that large gatherings obtained prior permission to prevent misuse of government property. He said the directive was aimed at maintaining public order and protecting state assets, not restricting democratic freedoms.
Senior advocate Ashok Haranhalli, appearing for the petitioner, countered that the GO was arbitrary and violated Article 19(b) of the Constitution, which guarantees the right to peaceful assembly. He said only an Executive Magistrate could regulate gatherings in the event of a law-and-order concern. Haranhalli further noted that the State had no authority to control spaces under municipal bodies.
After extensive arguments, the division bench reserved its verdict, while the case before the single judge will next be heard on November 17.
