Karnataka HC refuses to lift stay on govt order restricting public gatherings
The order came amid a tussle between the Congress-led government and the Rashtriya Swayamsevak Sangh over permissions for its annual route marches
The Karnataka high court on Thursday declined to lift an interim stay on an October 18 state government order restricting unauthorised gatherings of over 10 people in public spaces such as roads, parks, and playgrounds.
The order came amid a tussle between the Congress-led government and the Rashtriya Swayamsevak Sangh over permissions for its annual route marches. It said the congregations cited in the order will be treated as an “unlawful assembly” punishable under Bharatiya Nyaya Sanhita.
On October 28, a single judge high court bench of Justice M Nagaprasanna stayed the order, observing that the government could not curtail peaceful assembly without legislative sanction and that such restrictions could not be justified merely on administrative convenience.
The state government appealed against the single judge’s order. On Thursday, a bench of justices SG Pandit and Geetha KB of the Dharwad Bench refused to interfere with the stay order.
Advocate general Shashi Kiran Shetty argued that the government did not impose a blanket prohibition but only required organisers to seek prior permission. He told the court that the order was an “enabling provision” and a “positive direction” meant to regulate public events in the interest of public order and protection of government property.
“All that the GO [government order] says is that if government property is encroached upon, it would amount to an offence under the Bharatiya Nyaya Sanhita,” he said during the last hearing on November 4. “We are not prohibiting peaceful gatherings, but processions and rallies involving large numbers cannot be permitted in public parks or roads without prior approval.”
Shetty said that citizens were free to hold civic or cultural programmes by seeking permission or by using private venues such as halls.
Senior advocate Ashok Harnahalli, who appeared for Hubballi-based NGO Punashchetana Seva Samsthe, which challenged the government order, countered that the right to peaceful assembly under the Constitution Article 19(1)(b) can be restricted only on grounds of public order, not by executive fiat.
Harnahalli called the government order “manifestly arbitrary”. He said that if implemented, it would absurdly require even those wishing to “play cricket in a public playground to seek daily permission from the authorities.”
