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Court Ruling on Government Restrictions

On Thursday, the Karnataka High Court rejected the state government's appeal that sought to challenge a single bench's order imposing a ban on private organizations' activities within government premises. The bench, comprising Justices S.G. Pandit and Geeta K.B., advised the government to approach the single bench to request the lifting of the interim stay instead of filing an appeal.

The single bench had imposed the interim stay on the order on October 28. According to this order, any event or procession held in violation of government directives would be classified as an 'illegal assembly' under the provisions of the Indian Penal Code (IPC).

While the order does not explicitly mention the Rashtriya Swayamsevak Sangh (RSS), it is believed that the provisions could impact the organization's activities, particularly its processions. During the hearing, the bench questioned whether gatherings of ten or more individuals could automatically be deemed 'illegal'.

The bench inquired, 'If people wish to walk together, can they be stopped?' It suggested that the state government should seek clarification from the single bench. The state's Advocate General, Shashi Kiran Shetty, argued that the order applies only to organized events like rallies and processions, not informal gatherings.

He noted that the government has already designated Freedom Park for protests and Kanteerava Stadium for sports events. Shetty stated, 'This order is intended to protect public property and serve the greater public interest.'

On the other hand, senior advocate Ashok Harnahalli, representing the respondent organizations, Punarjanma Seva Sanstha and We Care Foundation, contended that the government's appeal was not tenable. He cited Article 19(1)(b) of the Constitution, asserting that the right to peaceful assembly can only be restricted on the grounds of public order.

Harnahalli remarked, 'According to this rule, even groups playing cricket would need to seek permission daily.' After hearing arguments from both sides, the bench dismissed the government's appeal against the single bench's interim stay order. The main petition is scheduled for hearing on November 17.