Amid RSS route march dispute, Karnataka HC dismisses state appeal against earlier court order staying Government Order against gatherings on public property | Legal News

A group known as the Punashchetana Seva Samsthe, along with other petitioners, had approached the Karnataka High Court earlier, claiming that the Government Order was violative of fundamental rights. Representing the petitioners, Senior Advocate Ashok Harnahalli had argued before the court that the notification affected the right to freedom of assembly guaranteed under Article 19(1)(b) of the Constitution, noting by analogy that a walking group in a park could not become an unlawful assembly.

Justice Nagaprasanna of the Dharwad Bench of the high court had agreed regarding a prima facie effect on fundamental rights, ordering, “If this order is left to stay it would in effect become violative of Article 13(2) which indicates that a fundamental right can only be abridged/taken away by a law… the Government Order and all its consequential orders shall remain stayed until the next date.”

The state had then approached the aforementioned division bench against Justice Nagaprasanna’s interim order. During a hearing before the division bench on Tuesday, Advocate General Shashikiran Shetty had stated that the government order was in the context of groups taking out rallies, etc, and not in cases such as people walking in a park. He also pointed to restrictions in Bengaluru’s Cubbon Park and the fact that protests were confined to Freedom Park. On the opposing side, Senior Advocate Haranahalli had argued against the maintainability of this appeal against the interim order.

On Thursday, the division bench dismissed the appeal of the state, noting that the Government could approach the original single-judge bench to get the interim order vacated. The court also declined the state’s request for the operation of the order to be restricted to petitioners alone.

Meanwhile, the Karnataka High Court had directed the RSS Kalaburagi convenor and district authorities to hold an additional meeting on November 5 at the office of the Advocate General to resolve the issue of a proposed march in Chittapur. That matter is set to be heard further before the Karnataka HC on Friday.