Today, On 6th November, The Karnataka High Court refused to lift the stay on the State government order restricting gatherings of more than 10 people in public places, amid the RSS marches row, keeping the curb on unauthorized assemblies intact for now.
Karnataka High Court declined to lift the stay on a State government order (GO) that limits unauthorized gatherings of more than 10 individuals in public areas such as roads, parks, and playgrounds.
Justices SG Pandit and Geetha KB chose not to intervene with the stay order issued by a single judge and suggested that the State should return to the single judge to request the stay’s removal.
The Division Bench stated while dismissing the State’s appeal,
“It is open for the appellants to file an application for vacating the interim order and if such an application is filed, we are sure that the single judge will consider the said application …. all contentions are left open,”
Advocate General Shashi Kiran Shetty, representing the State, requested that the Bench consider limiting the single-judge order’s impact to only the petitioners who challenged the GO.
The Division Bench, however, did not agree to this request.
The Bench suggested,
“Make a request to the learned single judge,”
AG Shetty responded,
“I am requesting your lordships,”
But the Bench maintained its position, indicating that it was preferable not to override the single judge on this matter.
The government order in question, issued on October 18, was reportedly enacted in response to planned marches by the Rashtriya Swayamsevak Sangh (RSS) to celebrate its centenary.
Four petitioners, including the organization Punashchethana Seva Samaste, the We Care Foundation, and two individuals Rajeev Malhar Patilkulkarni from Dharwad and Uma Satyajit Chavan, a social worker from Belagavi challenged the GO, arguing that it infringed upon their fundamental right to peaceful assembly.
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Earlier, On October 28, Justice M Nagaprasanna of the single judge stayed the GO, noting that while the order aimed to prevent unauthorized use of public property, it prima facie violated fundamental rights guaranteed by the Constitution of India, particularly the freedoms of speech and expression and the right to assemble peacefully.
The single judge stressed that fundamental rights cannot be revoked through a government directive without appropriate legislative support and stayed the GO until the petition challenging it could be heard. The State’s appeal to the Division Bench was ultimately rejected.