The Tamil Nadu government contended that its decision not to allow the march was within reasonable restrictions on fundamental rights.
Published Mar 01, 2023 | 4:45 PM ⚊ Updated Mar 01, 2023 | 4:46 PM
Picture of an RSS route march. (Facebook/ RSS)
The Supreme Court on Wednesday, 1 March, agreed to hear on Friday a petition by the Tamil Nadu government, challenging the Madras High Court order that allowed the Rashtriya Swayamsevak Sangh (RSS) to conduct a route march across the state.
A bench of Chief Justice DY Chandrachud and Justice PS Narasimha posted the matter for hearing on 3 March upon mentioning by senior advocate Mukul Rohatgi for an early listing.
Appearing for Tamil Nadu, Rohatgi told the apex court that the state government wanted to restrict the march and was not inclined to allow it in six districts affected by activities of the banned outfit Popular Front of India (PFI) and bomb blasts.
The Tamil Nadu government contended that its decision to not allow the march was within reasonable restrictions on the fundamental rights under Article 19(2) of the Constitution to maintain public order.
Setting aside the order passed on 4 November, 2022, by a single judge that imposed conditions on the proposed statewide route march asking the RSS to hold the march indoors or in an enclosed space, the court restored the order dated 22 September, 2022, which directed the Tamil Nadu Police to consider the RSS’ representation seeking permission to conduct the march and a public meeting, as well, and to grant permission for the same.
The high court, said in its order, “We are of the view that the state authorities must act in a manner to uphold the fundamental right to freedom of speech, expression, and assembly as regarded one of the most sacrosanct and inviolable rights envisaged in our Constitution”.
The Tamil Nadu government pointed at the apprehension of disturbance of public peace against the backdrop of the ban on the PFI in September 2022.
It further contended that there were instances of throwing of petrol bombs and clashes when the RSS conducted similar events in other states.
The high court had permitted the RSS members to wear their uniforms and play their musical band during the marches throughout the state.
