Daijiworld Media Network – Bengaluru

Bengaluru, Nov 6: The Karnataka High Court on Thursday refused to lift the interim stay imposed on the state government’s order mandating prior permission for private organisations or groups to hold public gatherings or use government property.

A division bench comprising Justices S G Pandit and Geetha K B dismissed the state’s appeal against the single-judge order and directed the government to approach the same bench to seek relief. “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,” the division bench said while rejecting the appeal.

Advocate general Shashi Kiran Shetty, representing the state, urged the bench to restrict the effect of the single-judge order to the petitioners who had challenged the government directive. However, the court declined the plea, observing, “Make a request to the learned single judge.”

When the advocate general reiterated his request, saying, “I am requesting your lordships,” the bench maintained that it was better “not to bypass the single judge on some matters like this.”

The government order (GO) dated October 18 was reportedly issued against the backdrop of proposed Rashtriya Swayamsevak Sangh (RSS) marches to mark its centenary celebrations. The directive required prior permission from authorities for any private organisation, association, or group to use government premises or property.

The GO was challenged by four petitioners — Punashchethana Seva Samaste, We Care Foundation, and two individuals, Rajeev Malhar Patilkulkarni from Dharwad and Uma Satyajit Chavan, a social worker from Belagavi — who argued that the order infringed upon their fundamental right to peaceful assembly.

On October 28, Justice M Nagaprasanna had stayed the government order, observing that while the directive sought to prevent unauthorised use of public property, it prima facie violated fundamental rights guaranteed under the Constitution, particularly the freedoms of speech, expression, and peaceful assembly.

Justice Nagaprasanna remarked that “fundamental rights cannot be taken away through a government directive in the absence of proper legislative backing” and stayed the order until the petitions were fully heard.

The state subsequently appealed before the division bench, challenging the interim stay, but the appeal was dismissed. The Bench reiterated that the government could move the single judge for any modification of the order.

The October 18 directive followed a Cabinet decision prompted by a letter from Panchayat Raj and IT/BT Minister Priyank Kharge to Chief Minister Siddaramaiah, seeking a ban on RSS activities in public places.

The letter came after the RSS applied for permission to hold a route march and Vijayadashami event in Chittapur, Kalaburagi district, on October 19 — the same day the Bhim Army had sought approval for a march along the same route.