The Karnataka High Court has dismissed the state government’s appeal challenging an interim order that stayed its directive mandating private organisations to obtain prior permission before conducting any activities or events in government-owned spaces.
A division bench comprising Justice S. G. Pandit and Justice Geetha K. B. on Thursday directed the state government to approach the single judge who had passed the interim order if it wished to seek vacation of the stay. The single judge had stayed the Government Order (GO) on October 28.
The GO, issued on October 18, required permission to be obtained three days in advance for any programme, rally, or procession involving more than ten persons held on government property. It stated that any such event conducted without permission would be treated as an “unlawful assembly” under the Bharatiya Nyaya Sanhita (BNS).
While the order did not name any specific organisation, it was reportedly seen as an attempt to restrict the activities of the Rashtriya Swayamsevak Sangh (RSS), including its route marches.
During the hearing, the bench questioned the sweeping nature of the government’s order, asking, “If people wish to walk together, can that be stopped?” The judges suggested that instead of filing an appeal, the state should have sought clarification from the single judge.
Advocate-General Shashi Kiran Shetty, representing the state government, argued that the order was not meant to restrict casual gatherings but to regulate organised processions and rallies. He said the rule was framed in the interest of maintaining order and protecting public property, adding that protests were already confined to Freedom Park and sporting activities to Kanteerava Stadium.
Calling the directive an “enabling provision,” he maintained that it served the “larger public interest.”
On the other hand, senior advocate Ashok Haranahalli, appearing for the respondent organisations — Punashchetana Seva Samsthe and We Care Foundation — said the appeal was not maintainable. He contended that the GO infringed on the fundamental right to assemble peacefully under Article 19(1)(b) of the Constitution, which can only be restricted on grounds of public order. “Even a group playing cricket would need daily permission under this rule,” he remarked.
Court’s Direction and Background
After hearing both sides, the division bench dismissed the appeal and allowed the single judge’s interim stay to continue. The main petition challenging the GO is scheduled to be heard on November 17.
Under the government order, permission was to be sought for any congregation exceeding ten people accompanied by music or movement on government property — including land, buildings, roads, parks, playgrounds, and water bodies owned or managed by local bodies or departments. Marriage and funeral gatherings were exempted.
The jurisdictional police commissioner or deputy commissioner was designated as the “competent authority” to issue such permissions.
The directive was based on a recent Cabinet decision, reportedly prompted by a letter from Minister Priyank Kharge to Chief Minister Siddaramaiah seeking restrictions on RSS activities in public spaces. The opposition BJP has sharply criticised the move, calling it an attempt to curb the RSS’s events and processions.
