Karnataka Govt faces another setback as court dismisses petition on RSS ban stay

A single-judge bench had previously stayed the state government’s order restricting the activities of private organizations in public spaces. The government filed a petition challenging the single-judge bench’s decision, but was disappointed.

Bengaluru: The Karnataka High Court dismissed the state government's petition challenging the High Court's earlier order.

A single-judge bench had previously stayed the state government's order restricting the activities of private organizations in public spaces. The government filed a petition challenging the single-judge bench's decision, but was disappointed.

A division bench comprising Justices S.G. Pandit and Geeta K. B. directed the government to approach the same single-judge bench to lift the stay on the government's order.

Which government order is causing controversy?

The Karnataka government recently issued an order making it mandatory for private organizations to obtain government permission for their activities in public spaces.

According to the government order, any event or procession held in violation of the order will be considered illegal under the provisions of the Indian Penal Code (BNS) Act. Although the government order does not directly name the Rashtriya Swayamsevak Sangh, it is believed that the provisions of the order are intended to impact the activities and route marches of the Hindu right-wing organization.

Bench stayed the government order on October 28th
During the hearing on October 28th, a single-judge bench stayed the implementation of the government order. The bench asked, "If people want to march together, can that be stopped?"

High Court directed the single-judge bench to seek clarification
On the government's petition, the two-judge bench suggested that the state seek clarification from the single judge instead of filing an appeal. Advocate-General Shashi Kiran Shetty, representing the government, stated that the order applies to organized events such as rallies and processions, not informal gatherings. He added that the government has already limited protests to Freedom Park and sports events to Kanteerava Stadium.

Senior lawyer Ashok Harnahalli, representing Punashchetna Seva Sanstha and We Care Foundation, the organizations that filed the petition against the government order, argued that the government's appeal was not maintainable. He added, "Under this rule, even a cricket team would have to seek permission daily." After hearing both sides, the bench dismissed the government's appeal against the stay granted by the single judge. The main petition is listed for hearing before the single judge on November 17.