New Delhi: The Tamil Nadu government on Monday agreed before the Supreme Court to allow Rashtriya Swayamsevak Sangh (RSS) to hold marches in various districts across the state either on November 19 or 26. A bench comprising justices Justice Surya Kant and Justice Dipankar Datta was hearing special leave petitions filed by the state against the Madras High Court order directing the police authorities to grant permission to RSS to carry out route marches in the state.
The bench told the state to grant permission on the dates suggested by the RSS and refused to give discretion to the state to decide whether one or two rallies should be permitted in each district. The bench asked RSS to submit the proposed routes to the state authorities within three days and directed the state government to decide on the routes by November 15.
Senior advocate Kapil Sibal, representing the Tamil Nadu government, cited a chart, which mentioned the proposed routes of the processions and submitted that hold the marches now, as there are celebrations by the community and there are bound to be clashes. The apex court was informed that RSS was asking permission to take out rallies in 18 districts and three rallies in each district.
Also read: Not opposed to RSS route march but can't permit it in sensitive areas: TN Govt tells SC
Senior advocate Mukul Rohatgi, also representing the Tamil Nadu government, suggested that permission be given only for one rally per district instead of allowing three rallies per district as sought by them, with the liberty to amend the route proposed by them. Sibal pointed out that the route, which was earlier proposed by RSS on two dates in October, had several mosques along the way. He said there were celebrations by the community on October 22 and 29, and “we don't want clashes to happen...".
The bench also pointed out that the organisation had undertaken before the High Court that they would follow the route permitted by the police authorities for the marches. The bench observed that permitting only one rally per district would be 'too much indulgence' and said “As long as law and order are taken care of, they are doing it peacefully as per the routes permitted by the police, with the kind of undertaking they have given...”.
Rohatgi said that it can't be the case that someone wants to hold marches every day, every week, that may not be possible. The bench said if they ask for every day, then the court will see and right now they are only asking for two days. The apex court made it clear that the state government can only modify the route while keeping the starting and ending points the same as requested by the respondents, and this order can be placed before the single bench of the High Court, which is seized of contempt of court proceedings against the state for non-compliance of its orders.
The Tamil Nadu government, in its plea, had said that the High Court erred in granting permission to the RSS to conduct route marches in various areas of Tamil Nadu without due consideration of the history of violent incidents, the purposes and objectives of such marches, and the prevailing intelligence reports concerning potential incidents that could impact the law and order situation.
