The Karnataka High Court on Thursday dismissed the state government's appeal against a single judge's interim order staying a GO that mandated private organisations to obtain permission before holding any activities in government-owned spaces.
A division bench of Justices S G Pandit and Geetha K B directed the government to approach the single judge to seek vacation of the stay.
The single judge had issued an interim order on October 28.
According to the GO, any programme or procession held in violation of the government order will be treated as "unlawful assembly" under the provisions of the Bharatiya Nyaya Samhita (BNS) Act.
While the government order does not specifically name RSS, the provisions of the order are said to be aimed at impacting the activities of the Hindu right wing organisation, including its route marches.
During the hearing, the division bench questioned whether gatherings of 10 or more individuals could automatically be treated as unlawful.
"If people wish to walk together, can that be stopped?" the Bench asked, suggesting that the State seek clarification from the single judge instead of filing an appeal.
Advocate-General Shashi Kiran Shetty, representing the government, maintained that the order targeted organised events such as rallies and processions, not informal meet-ups. He said the government had already restricted protests to Freedom Park and sporting events to Kanteerava Stadium.
"The order safeguards public property and the larger public interest," he argued, calling the directive an "enabling provision" rather than a restriction.
Senior advocate Ashok Haranahalli, appearing for respondents -- organisations Punashchetana Seva Samsthe and We Care Foundation -- countered that the government's appeal was not maintainable.
Citing Article 19(1)(b) of the Constitution, he said the right to assemble peacefully could be limited only on grounds of public order. "Even a group playing cricket would need daily permission under this rule," he noted.
After hearing both sides, the bench rejected the government's appeal against the stay granted by the single judge.
The main petition before the single judge is listed for hearing on November 17.
As per the GO on October 18, permission to use government premises must be sought three days before a programme or event, and it will be applicable to any private association, society, trust, club, body of individuals or any other entity, whether registered or not.
Permission will be required for any procession or rally, which includes a congregation of over 10 persons, accompanied by music, having a common object to carry on a common movement or route march passing through a government property. However, marriage and funeral gatherings are exempted.
Government premises include land, building, road, park, playground, water body or any immovable property owned and managed by local authorities or administrative departments, boards, corporations etc.
The jurisdictional police commissioner or deputy commissioner will be the "competent authority" to issue permits.
The order was based on a recent Cabinet decision, prompted by Panchayat Raj and IT/BT Minister Priyank Kharge's letter to Chief Minister Siddaramaiah seeking a ban on RSS' activities in public places.
The opposition BJP has criticised the move, alleging that it was intended to curb the programmes and marches of the RSS.
A division bench of Justices S G Pandit and Geetha K B directed the government to approach the single judge to seek vacation of the stay.
The single judge had issued an interim order on October 28.
According to the GO, any programme or procession held in violation of the government order will be treated as "unlawful assembly" under the provisions of the Bharatiya Nyaya Samhita (BNS) Act.
While the government order does not specifically name RSS, the provisions of the order are said to be aimed at impacting the activities of the Hindu right wing organisation, including its route marches.
During the hearing, the division bench questioned whether gatherings of 10 or more individuals could automatically be treated as unlawful.
"If people wish to walk together, can that be stopped?" the Bench asked, suggesting that the State seek clarification from the single judge instead of filing an appeal.
Advocate-General Shashi Kiran Shetty, representing the government, maintained that the order targeted organised events such as rallies and processions, not informal meet-ups. He said the government had already restricted protests to Freedom Park and sporting events to Kanteerava Stadium.
"The order safeguards public property and the larger public interest," he argued, calling the directive an "enabling provision" rather than a restriction.
Senior advocate Ashok Haranahalli, appearing for respondents -- organisations Punashchetana Seva Samsthe and We Care Foundation -- countered that the government's appeal was not maintainable.
Citing Article 19(1)(b) of the Constitution, he said the right to assemble peacefully could be limited only on grounds of public order. "Even a group playing cricket would need daily permission under this rule," he noted.
After hearing both sides, the bench rejected the government's appeal against the stay granted by the single judge.
The main petition before the single judge is listed for hearing on November 17.
As per the GO on October 18, permission to use government premises must be sought three days before a programme or event, and it will be applicable to any private association, society, trust, club, body of individuals or any other entity, whether registered or not.
Permission will be required for any procession or rally, which includes a congregation of over 10 persons, accompanied by music, having a common object to carry on a common movement or route march passing through a government property. However, marriage and funeral gatherings are exempted.
Government premises include land, building, road, park, playground, water body or any immovable property owned and managed by local authorities or administrative departments, boards, corporations etc.
The jurisdictional police commissioner or deputy commissioner will be the "competent authority" to issue permits.
The order was based on a recent Cabinet decision, prompted by Panchayat Raj and IT/BT Minister Priyank Kharge's letter to Chief Minister Siddaramaiah seeking a ban on RSS' activities in public places.
The opposition BJP has criticised the move, alleging that it was intended to curb the programmes and marches of the RSS.
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