Karnataka High Court Stays State Order Restricting RSS Gatherings Without Permission

Bengaluru: The Dharwad bench of the Karnataka High Court on Tuesday put an interim stay on the State government's order declaring gatherings of the Rashtriya Swayamsevak Sangh in government premises with more than 10 people illegal without permission.

A single-judge bench of Justice M Nagaprasanna heard a petition filed by the Punashthen Seva Sanstha of Hubballi. Senior advocate Ashok Haranahalli, appearing for the petitioner, said that the government has ordered that permission should be obtained for gatherings of more than ten people. He termed it a restriction on the fundamental right guaranteed by the Constitution.

"The government has ordered that permission should be obtained for gatherings of more than 10 people. This is a restriction on the fundamental right provided for in the Constitution. Even if a party is held in a park, it is an illegal gathering as per the government order," Harnanahalli said during the hearing.

"The government cannot issue such an administrative order. Why is this rule needed when the Police Act is in force?", Harnanahalli further argued.

"Did the government want to achieve something else?," the High Court Bench asked the government.

The Karnataka government sought one day to present its argument on the matter.

"One day should be given to argue," the government lawyers argued.

Following arguments from both sides, the High Court issued a notice to the Karnataka Government, the Home Department, the DGP, and the Hubbali Police Commissioner.

In its order, the High Court said that the Karnataka government took away the rights granted under Articles 19(1) (a) and 19 (1) (b) of the Constitution.

"Notice to the State Government, Home Department, Director General of Police, Hubballi Police Commissioner. The State Government's order dated October 18, 2025, has been challenged. The government order states that it is an offence if 10 people gather without permission," the order from Karnataka High Court said.

"Entry to roads, parks, grounds, lakes, etc. has been restricted. The government has exercised the power under the Police Act through the order," the order added.

"The government has taken away the right granted under Article 19 (1)A, B of the Constitution. The right granted by the Constitution cannot be taken away by a government order. Therefore, the court ordered that the government order has been stayed. Hearing adjourned," the order said.

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