Karnataka High Court Halts State Government Order Targeting RSS Activities

Dharwad, October 28 (Udaipur Kiran): In a major setback to the ruling Congress government in Karnataka, the Karnataka High Court on Monday put an interim stay on the state government’s recent order that effectively targeted the activities of the Rashtriya Swayamsevak Sangh (RSS).

Karnataka High Court

The government’s October 18 order had directed that private organisations must obtain prior permission from the authorities before holding any event at public places such as government premises, schools, colleges, parks, playgrounds, or water bodies.

The order was challenged in the High Court by Pushtan Seva Sangh, which argued that it was politically motivated and aimed specifically at restricting the RSS’s activities. The petitioner contended that the directive violated the fundamental rights guaranteed under Article 19(1)(a) (freedom of speech and expression) and Article 19(1)(c) (freedom to form associations or unions) of the Constitution.

During the hearing, a bench headed by Justice M. Nagaprasanna stayed the implementation of the government’s order and issued notices to the state government, the Home Department, and the Hubballi Police Commissioner. The court observed that fundamental rights cannot be curtailed by administrative orders, and that the right to free expression and association is constitutionally protected.

The court also took note that under the government’s directive, even a gathering of more than 10 people without prior permission could be treated as an offence, restricting access to public spaces such as roads, parks, and lakes. The order was issued under powers granted by the Karnataka Police Act, 1963.

The High Court has now adjourned the hearing to November 17, directing the state government’s counsel to submit their objections by October 29.

The interim relief marks a significant development in the ongoing debate over freedom of assembly and expression in Karnataka, particularly amid allegations that the government’s order was discriminatory and politically driven.

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