The Dharwad Bench of the Karnataka High Court on Tuesday has stayed the state government’s order that required private organisations to seek permission before conducting activities in government premises.
The order, seen as targeting RSS activities, has been put on hold by Justice Nagaprasanna’s single-judge bench, which issued an interim stay and posted the matter for further hearing on November 17.
The petition challenging the government’s directive was filed by Punashchaitanya Seva Samsthe. The RSS had challenged the state government’s order on Ocotber 18, which declared any gathering of more than ten people without prior permission a criminal offence. The matter has now bee placed for November 17.
According to News18, the High Court observed that the government cannot curtail rights guaranteed under Articles 19(1)(A) and 19(1)(B) of the Constitution, which protect freedom of speech and peaceful assembly, and held that a government order cannot override constitutional rights.
On October 18, the Karnataka government reissued a 2013 order which prohibited the use of government school grounds for private purposes.
The court directive comes days after Karnataka Minister Priyank Kharge sought a ban on RSS activities in public places.
Kharge, in a letter to Siddaramaiah on October 4, alleged that the RSS has been conducting its 'shakhas' in government and state-run schools, as well as on public grounds, where "slogans are shouted and negative ideas are instilled in the minds of children and youth".
Speaking to reporters, Kharge said, "RSS is not above the law and Constitution. How long will this go on? Every citizen and organisation in the country must be accountable."
He wrote to the CM after a Panchayat Development Officer (PDO) in Karnataka’s Raichur district allegedly participated in an event held by Rashtriya Swayamsevak Sangh (RSS).
Citing Rule 5(1) of the Karnataka Civil Service (Conduct) Rules, 2021, Kharge called for the chief minister to step in and take action.
After the HC order, BJP MP from Bengaluru South, Tejasvi Surya, told News18 that the entire move against RSS activities is Kharge’s doing. “RSS has been peacefully conducting its activities, carrying out marches and processions in a peaceful manner," said the MP.
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