The Karnataka High Court has issued a stay on the state government’s order that limited public gatherings to a maximum of ten individuals in public and government-owned spaces. This order, which included parks, playgrounds, and roads, was widely seen as an attempt to target the Rashtriya Swayam Sevak Sangh (RSS).
Justice M Nagaprasanna of the Dharawad bench stated that the government’s order appeared to be a “prima facie, a clear violation of citizens’ fundamental rights” enshrined in the Constitution. The court added that the state government might be pursuing other objectives with this directive.
The state government has announced its intention to challenge this stay order.
The High Court was reviewing a petition filed by Punashchetana Seva Samsthe, a Hubballi-based NGO, which sought to declare the government order illegal and have it quashed.
These proceedings follow a period of tension between the state’s Congress government and the RSS regarding permissions for the latter’s annual route marches.
The government’s order, issued by the home department on October 18, stipulated that any congregation of 10 or more people in public areas would be considered an “unlawful assembly,” subject to punishment under the Bharatiya Nyaya Sanhita (BNS).
While the government cited the prevention of “trespass” and the maintenance of law and order as reasons for the order, its timing and wording suggested a political motive. This came shortly after the state’s IT minister urged the chief minister to ban RSS events on public property.
Justice Nagaprasanna noted that the government order overlapped with regulations already in place under the Karnataka Police Act. The court emphasized that constitutional rights, such as freedom of speech, expression, and assembly, can only be curtailed by law, not by a government order. Allowing the order to stand, the court warned, could violate Article 13(2) of the Constitution, which prohibits the state from enacting laws that infringe upon fundamental rights.
The Court made it clear that administrative orders cannot be used to bypass legislative processes for imposing restrictions.
The judge granted the state time to submit its response while putting the order on hold.
The next hearing for this case is scheduled for November 17.
The government’s order, although not explicitly naming the RSS, fueled a significant political debate and was widely interpreted as an effort to hinder the organization’s public events and route marches.
The BJP has accused the Karnataka government of employing state machinery to suppress opposing ideologies.
Following the court’s decision, Chief Minister Siddaramaiah confirmed the government’s plan to appeal. He stated that the administration would defend its authority to regulate public events on state land.
Home Minister G. Parameshwara also affirmed that the government would pursue the matter with a Division Bench.
Karnataka BJP President BY Vijayendra lauded the stay as a “tribute to the dignity of the Constitution and democracy,” stating that the High Court’s injunction was a victory against the government’s directive aimed at suppressing the RSS.