The Dharwad bench of the Karnataka High Court has put an interim stay on the state government’s order that restricted gatherings of more than ten people, including those of the Rashtriya Swayamsevak Sangh (RSS), in government premises without prior permission.
The order, issued by the state on October 18, declared such gatherings illegal unless official approval was obtained.
The court was hearing a petition filed by the Punashthen Seva Sanstha of Hubballi, which challenged the order as unconstitutional.
During the hearing, the petitioner argued that the directive imposed unnecessary restrictions on the fundamental rights of citizens under Articles 19(1)(a) and 19(1)(b) of the Constitution, which guarantee freedom of speech and peaceful assembly. The petitioner contended that existing laws like the Police Act already regulate public gatherings, making the new order redundant.
The bench, led by Justice M. Nagaprasanna, questioned the government’s rationale behind issuing such an order and observed that fundamental rights cannot be curtailed through administrative decisions. The court noted that the government had, in effect, taken away constitutional freedoms by prohibiting gatherings in public spaces such as roads, parks, and grounds.
The High Court has issued notices to the Karnataka government, the Home Department, the Director General of Police, and the Hubballi Police Commissioner.
The government has been given time to present its arguments before the next hearing.
Until then, the court’s stay order temporarily halts the enforcement of the government’s directive.