The Madras High Court has issued a notice to Tamil Nadu’s top officials in a contempt plea filed by the Rashtriya Swayamsevak Sangh (RSS) after the state denied permission for a route march, despite an earlier court order directing authorities to allow it. Justice G Jayachandran, presiding over the case, criticized the Tamil Nadu government for its failure to comply with the court’s directives, labeling the state as “incapable of administration.”
The court’s stern remarks came as it refused to pass over the matter, as requested by the State counsel, and instead issued statutory notices to Tamil Nadu Home Secretary P. Amudha, Director General of Police (DGP) Shankar Jiwal, and other officers, demanding a response within four weeks. Despite Additional Public Prosecutor R Muniyapparaj’s submission that the State had appealed against the earlier order and requested a short accommodation, the judge dismissed the plea for deferment.
The court had previously observed that the reasons listed by the State to reject the route march permission were not specific to particular days but were general reasons that would persist year-round, deeming them
“ingenuine and unreasonable.”
Furthermore, the court had directed the organizers to give an undertaking to the District Superintendent of Police to strictly adhere to the Supreme Court’s guidelines and not deviate from the restrictions laid down by the District Administration.
Justice Jayachandran also instructed the authorities to ensure adequate arrangements for a peaceful procession and directed the Superintendent of Police to issue permission after consulting with the organizers. The court allowed for minor route changes if the District Administration found it challenging to provide security but insisted that the starting and ending points remain unchanged. The permission, the court ordered, should be issued at least three days before the rally or meeting.
Senior counsel G Rajagopal, representing the RSS members, pointed out that the police had failed to act on a common order passed on October 17, 2023, which directed permission for the marches in 35 locations across the state on October 22 and 29. The court, however, was not swayed by the State’s plea for time, stating that it appeared “prima facie” that the Tamil Nadu government and police were
“either incapable of administering the State or, had ignored”
the court’s order, showing a disregard for judicial mandates.
This contempt plea stems from an earlier incident in October of the previous year when the RSS sought permission from the Tamil Nadu government for its march and public meetings across the state to commemorate Gandhi Jayanti and 75 years of India’s independence. The permission was denied by the state government citing intelligence reports that anticipated law and order issues, which led the RSS to approach the Madras High Court.
The case, titled MR.S.Raja Desingu v P.Amutha IAS, with case numbers SUB APPL 791 of 2023 and CONT P 139790 of 2023 (filing no), continues to unfold as the court awaits the response from the state officials.
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