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Bengaluru, Oct. 28: The state government had recently issued an order making it mandatory for private organizations to obtain prior permission to conduct any activities in government or public places. The Dharwad High Court stayed this order on Tuesday, a setback for the government. Chief Minister Siddaramaiah said on Tuesday that he has directed the officials to file an appeal against this stay order.
The state government had recently issued an order making it mandatory for private organizations to obtain prior permission to conduct any activities in government or public places.
Speaking to reporters, Siddaramaiah said, “I have instructed the officials to file an appeal before the division bench. A single-member bench of the Dharwad High Court has issued a stay order. We will file an appeal against this order.”
The government had issued an order on October 18 requiring private organizations, organizations and groups to obtain permission before using government property or public places for their activities. 4£ (From the first page)
Although the order issued by the government earlier did not specifically name the RSS, there were rumors that it was aimed at controlling the activities of the Hindu right-wing organization. The government had issued this order based on a recent cabinet decision following a letter written by Minister Priyank Kharge to Chief Minister Siddaramaiah seeking a ban on RSS activities in public places. A single-judge bench headed by M Nagaprasanna heard the writ petition filed by Hubballi’s ‘Punahshchetan Seva Sanstha’ president, Vinayak and V Care Foundation president Gangadhariah, Dharwad’s Rajiv Malhar Kulkarni and Belgaum’s Uma Satyajit Chauhan on Tuesday morning, challenging the government’s move. The government has taken away the right granted under Article 19 (1) A.B. of the Constitution. The right granted by the Constitution cannot be taken away through a government order. Thus, the court ordered that the government order has been stayed and adjourned the hearing. The court has given time to the Advocate General to respond appropriately. Senior advocate Ashok Haranahalli argued for the petitioner. The government has ordered that “permission should be obtained for gatherings of more than ten people.” This is a restriction on the fundamental right provided by the Constitution. The lawyers brought to the notice of the bench that even if a gathering is held in a park, it is an illegal gathering according to the government order. As part of the restrictions on RSS activities, the government had ordered that gatherings of more than ten people without permission at government places is an illegal gathering. By doing so, the government had exercised its power under the Police Act.
Against this backdrop, the High Court has now issued notices to the state government, the Home Department and the Hubballi Commissioner. The government’s decision on restrictions on private organizations was a hindrance to RSS. The path marches were hampered. It was mandatory to obtain permission from the District Magistrate or the local administration. After the court stayed the government's decision on Tuesday, the RSS marches have now been given the green light.
Confusion in Kalburgi
Meanwhile, in Chittapur, the RSS had earlier organized a peace meeting at the District Collector's office as per the directions of the State High Court bench to allow the march. As per the notice given by the District Collector, the police were checking the names of three representatives from each of the 10 organizations and letting them in. During this, an argument broke out between the police and the organization. Gundappa, the president of the organization Jai Bhim Army, demanded that we also be allowed to participate in the peace meeting. When the police objected, saying that they could not be allowed to enter since they did not have an invitation from the DC, the Jai Bhim organization demanded that we also be allowed to participate in the peace meeting.
The District Collector had issued notices to 10 organizations on Sunday itself. But yesterday, the office bearers of two more organizations had submitted an application to the District Collector. They were not even invited. But when they tried to go to the meeting, saying that they had not been allowed to do so even after submitting an application, an atmosphere of confusion was created when the police stopped them. Also, when some organizations demanded that the RSS should hold a march without using batons, the RSS representatives did not agree to it. The meeting was adjourned without any decision being taken and chaos ensued.
