The Karnataka High Court Circuit Bench in Dharwad.
Credit: DH photo
Bengaluru: A division bench at the Dharwad bench of the Karnataka high court on Tuesday reserved its verdict on the writ appeal filed by the state government challenging the single bench interim order staying the operation of the controversial government order, which identifies as unlawful assembly congregation of more than 10 persons at any place maintained by the government.
The government order dated October 18, 2025, was issued close on the heels of Rashtriya Swayamsevak Sangh (RSS) proposing to take out route marches across the state to commemorate its centenary celebrations. The order, issued by the Home Department, required prior permission for any gathering of more than 10 persons on properties maintained by the state government, including schools, colleges, playgrounds, parks, roads and water bodies.
Advocate General Shashikiran Shetty appeared before the division bench headed by Justice SG Pandit and said that the government order was issued with a positive intent to protect the government property and does not affect rights of the citizens. He further said that the government order does not prohibit gathering but only stipulates prior permission.
During the hearing, the division bench asked the AG as to why the state government has not availed the recourse of seeking a review of the interim order before the single bench itself. The AG argued that the interim order passed by the single bench is in the nature of a final order, affecting the right of the state government. Thus, a writ appeal is maintainable, AG said. On the other hand, senior advocate Ashok Haranahalli, appearing for the petitioners before the single bench submitted that when an interim order is passed, a writ appeal is not maintainable.
The government order is challenged by two organizations from Hubballi; Punashcetana Seva Samsthe and We Care Foundation and two individuals; Rajeev Malhar Patil Kulkarni from Dharwad and Uma Satyajit Chavan from Belagavi.
On October 28, a single bench had stayed the operation of the order observing that the government order, prima facie, takes away the constitutional rights conferred upon citizens under chapter III of the constitution. The single bench had noted that already the provisions under the Karnataka Police Act regulate the conduct and behavior and action of persons constituting assemblies and processions. The government order, prima facie, takes away the rights conferred upon citizens under Article 19(1)(a) and (b) of the constitution, the single bench had said, while posting the matter to November 17 for further consideration.