In November 2022, a single bench of the Madras High Court imposed conditions on the Rashtriya Swayamsevak Sangh to take out processions and hold public meetings in the state. On February 10, this order was quashed by a two-member bench of the High Court itself.
New Delhi: The DMK government in Tamil Nadu has moved the Supreme Court against the Madras High Court order allowing the Rashtriya Swayamsevak Sangh (RSS) to conduct route marches in various parts of the state.
On February 10, a division bench of the High Court quashed the order passed by a single-judge bench on November 4, 2022, which imposed conditions on the proposed statewide route march and asked it to be held in a closed place.
Along with this, the High Court had restored its old order of 22 September 2022, directing the police to take out marches and give permission for public gathering, saying that organizing such processions in public places is against the organization. is within the fundamental right, which also includes public roads and meetings as they come within the purview of the constitutional scheme.’
Justice R. A bench of Mahadevan and Mohammad Shafiq had said in its order that ‘protest is necessary for a healthy democracy’. Even though the state has the right to impose restrictions, it cannot ban them completely, only impose reasonable restrictions.
It said that ‘since the organization has the right to hold peaceful processions and meetings in public places, the state cannot, under the guise of fresh intelligence inputs, impose any condition which may violate the fundamental principles of the organization citing the problem of law and order’. There should be continuous violation of rights.
Pointing out that ‘it is the duty of the State to maintain law and order’, the High Court had said, ‘it is also the duty of the State to provide adequate security for legal claims.’
The court had said, ‘We are of the view that the State authorities must act to uphold the fundamental right to freedom of speech, expression and assembly, which is considered one of the most sacred rights of our Constitution.’