RSS row: Karnataka High Court stays government order restricting activities of private organisation in public spaces

The order had made 'prior permission' mandatory for any private organisation, association or group of persons to use government property or premises

Bengaluru: In a setback to the Siddaramaiah government, the Dharwad bench of the Karnataka High Court on Tuesday stayed till the next date of hearing the government order that restricts conglomeration of persons more than 10 in public places. Justice M Nagaprasanna passed this interim order in a petition filed by Punashcetana Seva Samsthe.

The petition challenged October 18, 2025 order that restricted conglomeration of persons more than 10 to become an unlawful assembly and also could be penalised under the BNS. The advocate for the petitioner said the order violates the constitutional rights and that the field is occupied by a statute.

The government order was issued a day before the Rashtriya Swayamsevak Sangh (RSS) was planning to take out route marches in various parts of the state on October 19.

While the government order did not specifically name the RSS, it had enough provisions to impact the activities of the organisation, including its route marches.

The government order states that a procession or rally of usage in any of the government property, which would mean road, park, playground, water body or any other immovable body coming under the precincts of the corporation or any board vested and maintained by the state government, would be prohibited from usage of people more than 10 coming together to form a group which is termed to be an unlawful assembly.

The counsel said the field is occupied by the Karnataka Police Act and in particular section 31 of the Police Act. This provision regulates the conduct and behavior and action of persons constituting assemblies and processions. The advocate submitted that the government order takes away the right conferred upon citizens under chapter III of Constitution in particular Article 19 (1) (A) and (B), which gives freedom of speech and expression and concretionary rights.

“It need not be noticed that the government order in the teeth of the field occupied under the Act (Police Act) and the constitution can have any semblance of effect of taking away the right conferred upon a citizen or citizens covered under chapter III. In that light such government order cannot be permitted to operate."

"However, the learned AGA (government advocate) seeks time to file his statement of objections or secure instructions. In the light of the government order, on the face of it being violative of article 13 (2) of the Constitution of India, the government order and all its consequential orders passed shall remain stayed till the next date,” Justice Nagaprasanna said, while posting the matter to November 17 for further hearing.