New Delhi: The Supreme Court on Tuesday dismissed the petition filed by the Tamil Nadu Government challenging the order that set aside conditions for the Rashtriya Swayamsevak Sangh's (RSS) march in the state. The said restrictions were imposed by a single judge of a division bench of the Madras High Court.
The SC also dismissed a separate plea filed by the state government that assailed the order allowing the organisation to hold processions, passed back in September 2022. The matter was heard by a bench comprising Justice V. Ramasubramanian and Justice Pankaj Mithal in three hearings while the judgment was reserved on March 27. "All SLPs dismissed", Justice Ramasubramanian pronounced during today's hearing as he dismissed the petition freeing RSS of any restrictions.
The matter dates back to September 2022, when the High Court passed a verdict allowing the RSS to hold processions on October 2 -- which was also the birth anniversary of Mahatma Gandhi who was killed by a radical right-wing extremist Nathuram Godse -- in the state. The RSS had however alleged that the state disobeyed the court's direction, as it filed a contempt petition.
Later on November 4, 2022, the court made modifications to the original order while hearing the contempt petition, thereby allowing the RSS to hold marches in the state under 11 conditions. The court therein demanded the RSS to organise the processions in closed premises, not carry any kinds of weapons including sticks or lathis, not make offensive statements that might affect other groups, any individuals, any caste, religion, etc.
The RSS again appealed to the division bench against the conditions, and on February 10 this year, the division bench set aside the order imposing conditions on the organisation. During the first hearing on the matter, Senior Advocate Mukul Rohatgi, appearing for Tamil Nadu government, said that while the government is not totally opposed to the route march and public meetings by RSS across the state, it cannot be permitted in every street and mohalla. He apprised the court that the government denied holding route marches in the sensitive areas, which have faced PFI incidents and have border areas with disturbances, as per some intelligence reports. He further stressed that the government is not fully opposed to the procession, but to the manner in which it is proposed to be done.
Advocate Jethmalani, appearing for the RSS, submitted that the right to assemble peaceably without arms under Article 19(1)(b) must not be curtailed in the absence of a very strong ground. Arguing against it, Advocate Rohatgi asked if there can be an absolute right to hold processions wherever an organisation wants, as he informed the bench that the state government had allowed RSS to take out route marches in some places while directing them to make suitable alternative arrangements indoors in order to safeguard public order and tranquility.
