The Rashtriya Swayamsevak Sangh has moved the Madras High court challenging an earlier order of the court had imposed certain conditions on the party for conducting its route march. The court directed the organization to conduct the proceeding in compounded premises such as Ground or Stadium. The court had also directed the participants not to bring any stick, lathi or weapon that may cause injury to any one.
The appellants submitted that the single judge was not justified in law to defeat the route march which was a constitutional right of the party. The organization contended that the single judge had modified the order in the writ petition to such an extent that the very definition of "route march" was defeated. The judge had failed to consider that the very definition of the word was not attracted if it is done indoors.
The appellant submitted that the single judge also lost sight of the fact that other demonstrations and agitations taken out by other political parties in public place during the very same period. Further, the single judge failed to take note that the route march and public meetings took place all over India except in Tamil Nadu without any untoward incident. Only in the state of Tamil Nadu, the State was opposing the route march citing law and order problem and their inability to give adequate protection which was an admission of the breakdown of Constitutional machinery.
Thus, the appellant sought to set aside the order of the single judge and grant an interim direction for the party to carry out its route march.