The Karnataka High Court has stayed the State government’s order restricting unauthorised public gatherings, ruling it unconstitutional. The decision, linked to the RSS marches row, reaffirms citizens’ fundamental right to peaceful protest and assembly.
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BENGALURU: In a decision upholding citizens’ constitutional rights, the Karnataka High Court on Tuesday stayed a State government order that restricted the unauthorised assembly of more than 10 people in public spaces such as roads, parks, and playgrounds.
The order, passed by Justice M Nagaprasanna, came in response to a petition filed by Punashchethana Seva Samaste and others challenging the government’s directive issued on October 18, 2025.
Background
The Karnataka government had reportedly issued the order amid reports of proposed marches by the Rashtriya Swayamsevak Sangh (RSS). The directive sought to curb the unauthorised use of public property by limiting gatherings exceeding ten individuals without prior permission.
However, the petitioners argued that the move violated fundamental rights guaranteed under the Indian Constitution, particularly Article 19(1)(a) (freedom of speech and expression) and Article 19(1)(b) (right to peaceful assembly).
Court Observations
Justice Nagaprasanna observed that although the government’s intention might have been to regulate the use of public property, the blanket restriction on public assembly prima facie infringed upon fundamental rights.
The Court held that such rights cannot be curtailed through executive orders unless supported by proper legislative sanction, emphasizing that any such action would violate Article 13(2) of the Constitution, which prohibits the State from making laws that abridge fundamental rights.
“Fundamental rights cannot be taken away through a government directive in absence of proper legislative backing,”
the Court noted.
Concluding that the government order could not be permitted to operate, the Court stayed its implementation until the next date of hearing. This effectively allows peaceful assemblies to continue in public spaces, provided they are conducted within the limits of existing laws.
Notices Issued to Senior Government Officials
The High Court also issued notices to several top government officials, including:
- The Chief Secretary of Karnataka
- Under Secretary (Home Department)
- Principal Secretary (Personnel and Administrative Reforms)
- Director General of Police (DGP)
- Dharwad City Police Commissioner
- Dharwad Deputy Commissioner
- Secretary, Law and Parliamentary Affairs Department
- Commissioner, Hubballi-Dharwad Municipal Corporation (HDMC)
They have been directed to respond to the petition filed by Punashchethana Seva Samaste and others.
Appearance:
The petitioners: Senior counsel Ashok Haranahalli
