While the AG presented the request, the bench turned it down, opining that it is better not to bypass the single judge on some matters.
Published Nov 06, 2025 | 1:20 PM ⚊ Updated Nov 06, 2025 | 1:20 PM
Dharwad Bench of the Karnataka High Court.
Synopsis: The Dharwad Bench of the Karnataka High Court refused to lift the stay granted on a Government Order that deems any gathering of more than 10 people in public places as an unlawful assembly and asked the state to approach the single judge with its request to lift the stay.
The Dharwad Bench of the Karnataka High Court on Thursday, 6 November, refused to lift the stay granted on a Government Order (GO) that deems any gathering of more than 10 people in public places, including roads, parks, and playgrounds, as an unlawful assembly, reported Bar and Bench.
A division bench of Justices SG Pandit and Geetha KB refused to interfere with the stay order recently passed by a single judge and asked the state to approach the single judge with its request to lift the stay.
“It is open for the appellants to file an application for vacating the interim order, and if such an application is filed, we are sure that the single judge will consider the said application …. all contentions are left open,” the division bench said while dismissing the state’s appeal.
Following the refusal, Advocate General (AG) Shashi Kiran Shetty, representing the state government, urged the bench to consider passing orders to restrict the operation of the single-judge order to the petitioners who had challenged the GO alone.
However, the division bench refused to accede to the request as well. “Make a request to the learned single judge,” the bench said.
While the AG once again presented the request, the bench turned it down, opining that it is better not to bypass the single judge on some matters like this.
On 28 October, a single-judge bench of Justice M Nagaprasanna ruled, “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 by a government order. Therefore, the court orders that the government order has been stayed.”
The GO was challenged by four petitioners: The Punashchethana Seva Samaste, a society named the We Care Foundation, and two individuals —Rajeev Malhar Patilkulkarni from Dharwad and Uma Satyajit Chavan, a social worker from Belagavi.
They argued that the government’s decision squarely affected their fundamental right to peaceful assembly.
Although the GO did not explicitly mention the Rashtriya Swayamsevak Sangh (RSS), it came in the backdrop of a standoff between the Congress government and the organisation. IT-BT Minister Priyank Kharge had written to Chief Minister Siddaramaiah seeking a ban on activities of organisations such as the RSS on public properties like government schools, colleges, etc.
(Edited by Muhammed Fazil with inputs from Anisha Reddy.)
