Kalaburagi, Karnataka: The Karnataka High Court on Sunday directed the State government to consider an application seeking permission for the Rashtriya Swayamsevak Sangh (RSS) to hold a route march on November 2 in Chittapur, Kalaburagi district. The order was passed in the case Ashok Patil v Deputy Commissioner and Ors.
Court hearing and directions
Justice MG Shukare Kamal held a special sitting and instructed the State and district authorities to submit a report by October 24 detailing the action taken on the petitioner’s application. The report must include specifics regarding the route, place, and time for the proposed march.
The petitioner, Ashok Patil, District Convenor of RSS Kalaburagi, had initially sought permission for a route march on October 19 to mark RSS’s 100th anniversary and Vijayadashami celebrations. Applications submitted to the Municipal Officer and Police Inspector on October 13 went unanswered, as did written intimation sent to the Tahsildar and Executive Magistrate.
State response and challenges
On October 18, the Taluk Magistrate raised twelve queries regarding the proposed event, to which the petitioner responded. The Magistrate subsequently declined permission citing potential law and order concerns, as other groups, including the Bhim Army and Bharatiya Dalit Panthers, had planned rallies at the same time and location.
Senior Advocate Arun Shyam, representing the petitioner, suggested November 2 as a convenient alternative date for the march. Advocate General Shashi Kiran Shetty assured the Court that the State would designate a location for the petitioner’s event on the proposed date.
Constitutional context and court observations
The High Court noted that citizens’ rights to assemble and move freely under Articles 19(b) and 19(d) of the Constitution are subject to reasonable restrictions under law, including the Karnataka Police Act. While acknowledging the State’s duty to maintain public order, the Court also emphasised that citizens must cooperate in preserving peace and harmony.
“Ultimately, it is the State authorities who are vested with the statutory powers to take reasoned decisions in exercise of their power traceable to the statute in granting or regulating the requests made by the citizens or the association. They are best placed to consider ground realities and arrive at an appropriate conclusion in the interest of public peace and tranquillity,” the Court said.
The Court directed the petitioner to submit a fresh application with complete details, which the State authorities must consider in accordance with law. The matter will next be heard on October 24, following the submission of the State’s report.
Senior Advocates Aruna Shyam and Vadiraj Kadloor appeared for the petitioners, while Advocate General Shashi Kiran Shetty represented the State.