The Karnataka government has faced a significant legal challenge as the Dharwad Bench of the High Court issued an interim stay on a recent order. This order aimed to restrict private gatherings on public properties and premises across the state.
Justice M. Nagaprasanna, presiding over a single-judge bench, delivered this order while deliberating on a petition submitted by the Hubballi-based Punashchetana Seva Samsthe, which challenged the government’s directive. The case is scheduled for further proceedings on November 17, 2025.
This government order, issued on October 18, sought to prevent unauthorized use of public properties by private organizations. Its timing followed a letter from IT-BT Minister Priyank Kharge to Chief Minister Siddaramaiah, advocating for a ban on groups like the Rashtriya Swayamsevak Sangh (RSS) from conducting activities on public premises such as government schools and colleges.
Related Reading: Earlier, an order was issued on regulating activities of private entities on public land.
Representing the petitioner, senior advocate Ashok Haranahalli contended that the government’s recent directive, requiring permission for gatherings of over 10 individuals, directly infringes upon fundamental constitutional rights. He emphasized that even a simple ‘laughter club’ meeting in a public park could be deemed illegal under this new order.
The Government Order specifically states that any gathering of more than 10 people for processions or meetings in government venues, without prior permission, would be classified as an unlawful assembly. The counsel questioned the necessity of such an administrative order when the comprehensive Karnataka Police Act, 1963, is already in effect.
Further Insight: There was also a debate on “Rules versus RSS in Karnataka.”
Interim Stay Granted
In its ruling, the High Court observed that the government’s order effectively restricted public access to essential spaces like roads, parks, grounds, and lakes, effectively wielding power under the Police Act through an executive decree. Justice Nagaprasanna asserted that “The government has usurped rights guaranteed by Article 19 (1)A and B of the Constitution. Fundamental rights enshrined in the Constitution cannot be abrogated by a mere government order. Consequently, the court has issued a stay on the government’s directive.”