Bengaluru: The Dharwad bench of the Karnataka High Court on Tuesday granted an interim stay on the state government’s order declaring Rashtriya Swayamsevak Sangh (RSS) events held on government premises with more than 10 people without permission illegal. A single bench of Justice M. Nagaprasanna heard a petition filed by the Hubli-based Punasthana Seva Sanstha.
Senior advocate Ashok Harnahalli, representing the petitioner, said the government has ordered that permission be obtained for events involving more than 10 people. He termed this a restriction on a fundamental right guaranteed by the Constitution.
The government has ordered that permission be obtained for events involving more than 10 people. During the hearing, Harnahalli said, “Even if a party is held in a park, it is an illegal event according to the government order. The government cannot issue such an administrative order. When the Police Act is in force, what is the need for this rule?” He further argued, “Did the government want to achieve something else?”
Government Lawyers’ Argument
The High Court bench questioned the government. The Karnataka government requested a day’s time to present its arguments on the matter. The government lawyers argued, “One day’s time should be given for debate.” After hearing arguments from both sides, the High Court issued notices to the Karnataka government, the Home Department, the Director General of Police, and the Hubli Police Commissioner.
Gathering of 10 people without permission is a crime
In its order, the High Court stated that the Karnataka government had usurped the rights granted under Articles 19(1)(A) and 19(1)(B) of the Constitution. The government order stated that gathering of 10 people without permission is a crime. Entry to roads, parks, grounds, lakes, etc. has been restricted.
The order further states that the government has exercised its powers under the Police Act. The order states, “The government has usurped the powers conferred under Article 19(1) a, b of the Constitution. A power conferred by the Constitution cannot be usurped by a government order. Therefore, the court orders that the government order be stayed. The hearing is adjourned.”
