Govt order mandating approval for events in public, state-owned venues stayed by HC
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Dharwad: In a significant blow to the Karnataka government led by the Congress party, the Dharwad Bench of the High Court on Tuesday temporarily stayed the order that required prior permission from authorities before events could be held in public or state-owned spaces.
The government recently issued the order in response to a letter sent to Chief Minister Siddaramaiah by Minister for RDPR, IT, and BT Priyank Kharge, requesting that Rashtriya Swayamsevak Sangh (RSS) activities be prohibited in state-wide public areas and government-owned buildings. Leaders of the Congress and the BJP have also engaged in a verbal sparring match on the matter.
The bench headed by Justice M. Nagaprasanna passed the interim order in this regard. The writ petition was filed by Punaschetana Seva Samsthe, an NGO, challenging the legality of the government order.
The petition contended that the order, which deems gatherings of more than 10 persons illegal and mandates permission from authorities for holding foot marches or public events, is unconstitutional.
Senior counsel Ashok Harnalli, appearing for the petitioner, argued that the order issued by the Home Department violates both the law and the Constitution. He stated that prohibiting gatherings of more than 10 persons in parks, grounds, pools, and lakes is impermissible under the law.
The order, he added, curtails the constitutional rights of citizens guaranteed under Article 19(1)(a) of the Indian Constitution. “At the very outset, it is evident that the order is unconstitutional,” he submitted.
The counsel, representing the state government, sought one week to present arguments. The bench observed that it is unclear what the government is trying to achieve through such an order. The court also issued notices to the Home Department and the state government.
The Karnataka government mandated approval from authorities for holding events in public and state-owned venues during the cabinet meeting on October 16. Although the RSS is not directly mentioned, sources confirmed that the move is primarily aimed at restricting RSS activities.
The official statement regarding the order stated, "Government, government-aided schools and colleges, grant-in-aid educational institutions, parks, playgrounds, public roads, open spaces, and other properties/lands are designated for the rightful use of citizens. It is essential to ensure that no obstacles or threats arise that prevent the public from using them. Likewise, it is also necessary to prevent problems relating to law and order and to address public grievances."