Tamil Nadu's Plea Challenging RSS Marches : Supreme Court Asks State Govt Why Intra-Court Appeal Can't Be Filed In HC

The Supreme Court on Friday (03.11.2023) asked the Tamil Nadu Government why it cannot file an intra-court appeal before a division bench of the Madras High Court challenging the single bench's order directing the police authorities to grant permission to the Rashtriya Swayamsevak Sangh (RSS) to carry out route marches in various places in the State. A bench of Justice Surya Kant and Justice Dipankar Datta asked the State why they had approached the Apex Court, when there is an intra court appeal available in the High Court."if the single judge has committed an error, there is a forum available in the High Court itself, can the division bench not correct the order of the single judge? why is the division bench provided for?" Justice Datta asked the Appellants. Two recent orders of the Madras High Court have been challenged before the Apex Court. One passed by a single bench of Justice G Jayachandran on 16th October and another order passed on 18th October by a single bench of Justice G Ilangovan of the Madurai Bench of the Madras High Court. The matter has been kept on Monday (06.11.2023) for the Apex Court to consider the maintainability of the appeals. Notably, on 1st November, the Madras High Court criticised the Tamil Nadu government for it's failure to comply with the court orders issued earlier in connection with granting permission to the Rashtriya Swayamsevak Sangh (RSS) to conduct a route march. The contempt petition was filed by the party after the State denied them permission to conduct a route march in spite of an earlier order directing the police authorities in the State to grant permission.Sr. Adv. Kapil Sibal appearing for the State of Tamil Nadu before the Apex Court said "now they have filed for contempt and they are in great difficulty. This is the problem". He urged that the contempt may not be proceeded with until the appeal is decided. However, the Bench suggested that the issue be raised before the High Court in appeal. Tamil Nadu Public Prosecutor Hasan Mohammed Jinnah informed the Court that as per the Letters of Patent rules, there was no provision of intra court appeal in criminal matters. When public order is involved, it is a criminal matter, he argued. Several decisions of the High Court prohibits filing appeal in similar matters, he added. "As per the roster set by the Chief Justice, was the matter was heard by a bench taking up criminal writs or civil writs? We will only go by the roster. If the matter has been heard as a civil writ petition, where is the question of the bar?" Justice Datta responded.'The nature of relief is essentially civil in nature' Justice Surya Kant added. "The High Court is not entertaining writ appeals on the ground that it is a criminal matter', the Jinnah argued."Let the division bench decide whether the intra court appeal is not maintainable" Justice Surya Kant said. Sibal said that the relevant orders prohibiting intra-court appeals in such matters and the roster will be produced on Monday. Accordingly, the matter was adjourned.BackgroundJustice G Jayachandran of the Madras High Court while passing the order dated 16th October had noted that the state had denied permission to RSS by merely stating that there were other structures and places of worship in the intended route which was against the constitutional principle of Secularism.“The tenure of the rejection order certainly not in tune with Secular or democratic way of governance. It is neither in obedience or compliance of the Hon'ble Supreme Court of India dictum. By citing the existence of the structures, place of worship of other religion or office of some organizations, which do not share the same ideology of RSS, the request of RSS to conduct procession and public meeting is rejected. This order is contrary to the principle of Secularism which is the foundation of our Constitution of India,” the court observed.The RSS had approached the court seeking directions to the State to grant permission for their route marches. During the pendency of the case, however, the State had categorically rejected the request for conducting a rally. However, considering the circumstances, the court deemed it fit to mould the prayer and look into the rejection order itself.In the order passed by the Madurai Bench, the High Court had recorded the submission of the Counsel appearing for the Petitioners that the RSS will maintain discipline throughout the events. 'They will show to the court that they are the most disciplined organization to the core. They will maintain the same throughout the events.” Sr Adv.N.Anandha Padmanabhan had undertaken to the High Court."Hope that this undertaking given by the petitioners through their counsel will be carried by their cadres in the mind and heart throughout the event. They must keep their promise and undertaking" the High Court had stated.The High Court had warned that no RSS members must speak ill of any caste or religion during the march. The High Court had...

Tamil Nadu's Plea Challenging RSS Marches : Supreme Court Asks State Govt Why Intra-Court Appeal Can't Be Filed In HC

Sheryl Sebastian

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