• Source:JND
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RSS Ban Row: In a setback to the Siddaramaiah government, the Karnataka High Court on Tuesday stayed the state government order mandating prior approval by private organisations for holding events in public places or state-owned venues across Karnataka. The Karnataka government, earlier this month, directed private organisations, associations, and groups to seek prior approval before using government property or public spaces for any event.

The order was passed following a letter from Karnataka Minister Priyank Kharge to CM Siddaramaiah, seeking a ban on Rashtriya Swayamsevak Sangh (RSS) activities in public places and government-owned premises across the state.

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While the government order does not specifically name RSS, the provisions of the order are said to be aimed at impacting the activities of the Hindu right-wing organisation. The opposition BJP had also criticised the move, alleging that it was intended to curb the programmes and marches of the RSS.

The official statement regarding the order stated, "Government, government-aided schools and colleges, grant-in-aid educational institutions, parks, playgrounds, public roads, open spaces, and other properties/lands are designated for the rightful use of citizens. It is essential to ensure that no obstacles or threats arise that prevent the public from using them. Likewise, it is also necessary to prevent problems relating to law and order and to address public grievances."

The order was passed by the Dharwad bench of the Karnataka High Court, headed by Justice M Nagaprasanna. The writ petition was filed by Punaschetana Seva Samsthe, an NGO, challenging the legality of the government order. The petition contended that the order, which deems gatherings of more than 10 persons illegal and mandates permission from authorities for holding foot marches or public events, is unconstitutional.

Senior counsel Ashok Harnalli, appearing for the petitioner, argued that the order issued by the Home Department violates both the law and the Constitution. He stated that prohibiting gatherings of more than 10 persons in parks, grounds, pools, and lakes is impermissible under the law. The order, he added, curtails the constitutional rights of citizens guaranteed under Article 19(1)(a) of the Indian Constitution.

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The counsel, representing the state government, sought one week to present arguments. The bench observed that it is unclear what the government is trying to achieve through such an order. The court also issued notices to the Home Department and the state government.

 

(With Agencies Inputs)

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