Sunday Sitting | Karnataka High Court Directs RSS To Submit Fresh Application For Permission To Hold Route March On Nov 2

In a special sitting on Sunday, the Karnataka High Court directed the convenor of RSS, Kalaburagi, Ashok Patil, to submit a fresh application seeking permission to peacefully hold an RSS march (Pathasanchalana) in Chittapur Town on November 2.The petitioner had approached the court after the application filed by the RSS seeking permission to hold the route march on October 19(today) was not considered by the authorities. Subsequently, the petition was amended after the Executive Magistrate, by an order dated October 18, declined permission to hold the march on the ground that other organisations intended to conduct rallies at the same time and place.A single-judge bench of Justice M S Kamal, after hearing the parties, asked the petitioner whether it would be possible to hold the march on an alternative date or time. The petitioner's counsel, Senior Advocate Arun Shyam, submitted that November 2 would be a suitable date.Advocate General Shashikiran Shetty submitted that the state government would ensure that a designated place is provided for the petitioner to conduct the event.The petitioner, in response, stated that if the state was directed to consider the route mentioned in their earlier application, it would meet the organisation's request. The counsel added, “The organisation is conscious and concerned about maintaining harmony and law and order. As of today, nearly 250 route marches have been held across the state without any untoward incident. The organisation will ensure that peace and tranquility are maintained and that full cooperation is extended to the state government, including the provision of volunteers.” The court treated this statement as an undertaking.Following this, the court ordered:“In view of the submissions, the petitioner shall furnish a fresh application with details of the route, place, and time, along with the responses to the queries raised earlier and the details furnished on 18-10-2025. The application shall be submitted to the Deputy Commissioner of Kalaburagi district with a copy to the Taluka Executive Magistrate and the police. The respondents shall take into account the observations made in this order and the relevant provisions of law, indicate a suitable place after considering the proposed route, and submit a report to this court on October 24.”The court further directed that the report be placed before it on October 24 at 2.30 p.m., clarifying that no order had been passed on the merits of the case and that the petitioner's further request would be considered on that date.The order also noted that the key issue in the matter was the absence of a specific statute requiring permission for conducting a march or demonstration in public places. “Except for judicial precedents of the Supreme Court and High Courts, no provision of law has been brought to the court's notice mandating prior permission from authorities,” the court said.The state government referred to its order dated 29-12-2021, stating that while the order was originally applicable only to Bengaluru city, its provisions and mechanism could be applied to the rest of the state. It also relied on Sections 31, 35, and 64 of the Karnataka Police Act.The bench observed, “Except for these, there is no other specific statute governing such requests.”Emphasising constitutional principles, the court said, “The right to assemble and the right of movement stem from Article 19(1)(b) and (d) of the Constitution of India, which guarantee the fundamental right of liberty and movement. The exercise of these rights is, however, subject to reasonable restrictions imposed by the state authorities.”The court added, “Maintenance of law and order is undoubtedly the primary responsibility of the state authorities. While statutory duties are cast upon them, there is also a corresponding duty on citizens to support, encourage, and maintain social order, integrity, and harmony. Ultimately, it is the state authorities who are vested with statutory powers to take reasoned decisions, based on the realities on the ground, in granting or regulating requests made by citizens or associations. They are best placed to reach appropriate conclusions in the interest of maintaining public peace and tranquility.”

Sunday Sitting | Karnataka High Court Directs RSS To Submit Fresh Application For Permission To Hold Route March On Nov 2

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Sunday Sitting | Karnataka High Court Directs RSS To Submit Fresh Application For Permission To Hold Route March On Nov 2

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