RSS v Govt: Karnataka HC hears State’s appeal challenging stay on curbs, reserves orders

The Karnataka High Court on Tuesday reserved its order on an appeal filed by the State Government challenging last week’s interim order staying the October 18 notification curbing assembly of 10 or more people at public places without prior permission.

Justice M Nagaprasanna had, on October 28, stayed the notification on a writ petition from the nonprofit Punaschetana Seva Samsthe in what was seen as a major breather for the RSS. The government action seemed to curb the influence of the organization as it is celebrating its centenary year with a series of events.

A division bench of Justic SG Pandit and Justice Geetha KB heard submissions by Advocate General Shashikiran Shetty, and senior advocate Ashok Harnahalli, who appeared for the nonprofit.


Shetty defended the notification saying such restrictions were already in place even in Cubbon Park in Bengaluru. The order, he argued, would serve the larger public interest and would not affect the rights of the citizens. The AG added that the government has not prohibited assembly of 10 or more people at public places but has only made prior permission mandatory.

Harnahalli, however, said Article 19(1)(b) of the Constitution conferred upon the people the right to assemble peacefully at public places. He wondered if cricket teams must seek permission every day to play cricket at public playgrounds as the team size exceeded 10 members.

The bench reserved its orders after hearing both sides.

The State Cabinet, on October 16, accepted a demand from IT/BT Minister Priyank Kharge and decided to impose the said curbs.

Justice Nagaprasanna had granted interim relief to the petitioner on the grounds that the government was not competent to enforce such a ban with an executive order, and only the Legislature could impose such curbs.