Supreme Court Dismisses Tamil Nadu Govt's Plea Challenging HC Judgment Lifting Conditions For RSS Route March

The Supreme Court, on Tuesday, dismissed the plea filed by the Tamil Nadu Government challenging the order of the Division Bench of the Madras High Court, which set aside conditions imposed by the Single Judge on the route march sought to be carried out by the Rashtriya Swayamsevak Sangh (RSS) in the State. The Apex Court also dismissed a separate plea filed by the State Govt assailing the order passed by the Single Judge of the High Court in September 2022 wherein it had allowed the organisation to hold processions.A Bench comprising Justice V. Ramasubramanian and Justice Pankaj Mithal had heard the parties on three occasions and has reserved it judgment on 27th March, 2023. "All SLPs dismissed", Justice Ramasubramanian pronounced today morning. Detailed judgment is yet to be uploaded.BackgroundThe timeline of the issue is as follows.On September 22, 2022, a single bench of the High Court passed an order allowing RSS to hold processions on October 2.Later, RSS filed a contempt petition alleging that the State disobeyed the singe bench's direction.On November 4, 2022, the single bench, while hearing the contempt petition, modified the original order and allowed RSS to hold marches subject to 11 conditions such as organise the processions in closed premises like grounds and stadium; do not carry sticks, lathis or other weapons that might cause injury; not to make statements offending sentiments of other groups; nobody shall either sing songs or speak ill on any individuals, any caste, religion, etc.RSS appealed to the division bench against the conditions. On February 10, 2023, the division bench set aside the single bench's order imposing conditions.Arguments before the Supreme CourtOn the first date of hearing, Senior Advocate Mr. Mukul Rohatgi appearing on behalf of the State Government submitted that it is not totally opposed to the route marches proposed to be carried out by the Rashtriya Swayamsevak Sangh (RSS) in the State but wanted it to be restricted with conditions in certain areas. He argued that the State had taken a call that in certain areas "affected by PFI, bomb blasts etc", the march can be allowed only with conditions. Considering the intelligence reports it was thought fit to impose some conditions. Senior Advocate Mr. Mahesh Jethmalani appearing on behalf of RSS pointed out that the State had allowed protest marches by other organisations, such as Dalit panthers and the ruling DMK party, but RSS was singled out.During the course of the hearing, the Bench noted that on November 4, 2022, the Single Judge of the High Court had imposed additional conditions by modifying its earlier order passed on September 29, 2022. This was done while exercising jurisdiction in a contempt petition filed on behalf of RSS alleging that State disobeyed the first order. Justice Ramasubramanian asked Mr. Rohatgi if the single bench could have modified the original order while exercising contempt power. Mr. Rohatgi responded that the State had filed a review petition against the original order and it was taken along with the contempt petition filed by RSS. He agreed that the proper course of action would have been to challenge the original order but added that in a matter concerning public order such as the present one, the Apex Court should not look at technicalities. He added that the technical issue can be resolved by the State filing an SLP in the Supreme Court against the first order. Eventually, the State filed a fresh Special Leave Petition against the original order passed by the Single Judge of the Madras High Court on 22nd September, 2022, which had allowed the organisation to hold processions. Mr. Jethmalani submitted that the right to assemble peaceably without arms under Article 19(1)(b) must not be curtailed in the absence of a very strong ground. Countering his submission Mr. Rohatgi argued, “Is there a vested right, in every case, to march across the India Gate or the Supreme Court? Can there be an absolute right to hold processions wherever an organisation wants?” He informed the bench that the state government had allowed RSS to take out route marches in some places while directing them to make suitable alternative arrangements indoors or altogether declined their request in other places in order to safeguard public order and tranquility. Mr. Jethmalani further questioned the soundness of the state government’s decision to refuse the organisation permission citing clashes between members of a recently proscribed organisation, Popular Front of India, and the RSS. Senior Advocate Guru Krishna Kumar appearing for the RSS supported Mr. Jethmalani’s argument. Representing the RSS, Senior Advocate Maneka Guruswamy argued that the right of any group to peaceably assemble, and “to march and occupy public spaces” could not be curtailed unless there was a well-founded fear of escalation of hostilities. She averred that the report of the State police did not meet the conditional standard of reasonable...

Supreme Court Dismisses Tamil Nadu Govt's Plea Challenging HC Judgment Lifting Conditions For RSS Route March

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