Last Updated:
The Karnataka High Court has refused to lift the stay on the state government’s order mandating prior permission for private groups to hold public gatherings.
Rashtriya Swayamsevak Sangh (RSS) workers take part in a march (File photo/PTI)
The Karnataka High Court on Thursday refused to interfere with 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 SG Pandit and Geetha KB dismissed the state’s appeal against the stay order issued by a single-judge bench and directed the government to approach the single judge 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 dismissing the appeal.
Representing the state, advocate General Shashi Kiran Shetty requested the bench to at least restrict the effect of the single-judge order to the petitioners who had challenged the government order.
However, the bench declined the plea.
“Make a request to the learned single judge,” the bench advised.
In response, AG Shetty said, “I am requesting your lordships.”
The bench, however, turned down the plea, observing 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 commemorate its 100-year anniversary celebrations.
The GO required prior permission from authorities for any private organisation, association, or group to use government premises or property.
The directive was challenged by four petitioners, the Punashchethana Seva Samaste, the 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, noting that while the directive aimed to curb unauthorised use of public property, it prima facie infringed upon fundamental rights guaranteed under the Constitution of India, particularly the freedom of speech and expression and the freedom to assemble peacefully.
Justice Nagaprasanna observed that “fundamental rights cannot be taken away through a government directive in the absence of proper legislative backing” and stayed the order until the petition challenging it is fully heard.
The state later approached the division bench challenging this interim stay, but the appeal was dismissed, with the bench reiterating that the government could move the single judge for any modification.
The October 18 order was issued following 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 was sent in the wake of an application by the RSS seeking permission to hold a route march and Vijayadashami programme in Chittapur, Kalaburagi district, on October 19, coinciding with another proposed march by the Bhim Army on the same route.
Vani Mehrotra is the Deputy News Editor at News18.com. She has nearly 10 years of experience in both national and international news and has previously worked on multiple desks.
Vani Mehrotra is the Deputy News Editor at News18.com. She has nearly 10 years of experience in both national and international news and has previously worked on multiple desks.
November 06, 2025, 13:10 IST
Read More
