Bengaluru: The Congress government in Karnataka suffered a setback on Thursday, with the Karnataka High Court refusing to vacate the stay by Dharawad Bench of the High Court, with respect to the government order, aimed at curtailing RSS activities in public places.
On Oct 28, following a petition by Punashchethana Seva Samsthe, which challenged the government order that prohibited assembly of more than 10 persons in public places, Single Judge in the Dharawad High Court Bench Justice M Nagaprasanna had granted interim stay against the government order.
The government had filed an appeal in the division bench, seeking to vacate the government order, stating that the intention of the government was not to restrict the RSS activities alone. The government contended that everyone needed to take permission to assemble or indulge in any activity in public places.
The bench reacted sharply to the government plea asking if 10 people want to go for a walk in the park, would they need permission or if a group of people want to go for a restaurant, would they need permission from the government? When the government again pleaded that the order aimed only at maintaining the Law and Order situation, the bench dismissed the appeal.
The issue started heating up in Karnataka after RSS started holding flag marches in every taluk headquarters, commemorating its centenary foundation day. This was objected by Congress leaders like Priyank Kharge, Santhosh Lad and B K Hariprasad and the government issued an order, prohibiting assembly of more than 10 persons in public places and holding any function in schools, parks and other public places.
Quoting this order, Hubli-Dharwad Police Commissioner, turned down permission for RSS flag march and Punaschethana Seva Trust approached the Dharawad bench of Karnataka High Court. The bench comprising Justice M Nagaprasanna has issued notice to the police commissioner and the Home Minister.
The police commissioner, quoting the government order that stated assembly of more than 10 persons as unlawful assembly, had turned down the permission for the flag march.
While issuing the notice, the judge noted that by considering congregation of more than 10 people as unlawful assembly, the government has snatched the rights conferred to people under Article 19(1) A, B.The court noted that the government had no right to curtail the rights of people, conferred by the Constitution.
