JOIN USSC to hear on March 3 TN govt's plea against order allowing RSS to conduct a route march
The Supreme Court on Wednesday agreed to take up on Friday a plea filed by the Tamil Nadu government against the Madras High Court's order of permitting RSS to conduct a route march across the state.
Senior advocate Mukul Rohatgi mentioned the matter before a bench of Chief Justice D Y Chandrachud and Justice P S Narasimha.
He said the state government wanted to restrict the 'march' and refused permission to hold it on roads in six districts keeping in mind the presence of PFI (Popular Front of India) and the law and order.
The organisation was allowed to hold its function at closed spaces like stadiums in six districts but not a march on streets, he said, adding the single judge bench of the high court had agreed with the state’s decision.
However, a division bench of the high court, on February 10, permitted the RSS to take out its route march in Tamil Nadu on rescheduled dates, and observed that protests are essential for a healthy democracy, the senior lawyer said.
As the march is proposed to begin from March 5, the matter needed consideration before that, he said.
The court allowed the plea for urgent hearing on March 3.
In its plea, the state government, through its counsel Joseph Aristotle contended that allowing such a march could cause law and order issue and other problems in view of intelligence reports.
The decision by the state against the march was within reasonable restrictions on the fundamental rights under Article 19(2) of the Constitution to maintain public order, it said.
The state government cited reports related to apprehension for disturbance of public peace in view of the ban on Popular Front of India in September, 2022.
A two-judge bench of Justice R Mahadevan and Justice Mohammed Shaffiq of the Madras High Court, had last month in its order allowed the RSS plea, and permitted it to conduct a route march.
The High Court had also noted that the State must uphold the citizens' right to freedom of speech and expression.
The court had also directed the RSS to file fresh applications for carrying out the route march on three different dates. It had also directed the Tamil Nadu police to permit the RSS to take out route marches on any of such dates in various districts across the state on public roads.
The HC had also allowed the RSS members to wear their uniform and play its musical band during the marches throughout Tamil Nadu.