RSS Route Marches: Madras HC Directs Police To Consider Granting Permission Based On Guidelines Framed By Court Last Year
|The Madras High Court has directed the police to consider applications for permission for the RSS Route Marches based on last year’s guidelines issued by the Court. The Court observed that the Station Officer or the higher officials could have called the organiser to provide necessary details and completed the process of granting permission, without rejecting it outright.
Earlier, the Court on 5th January, 2023 had issued certain guidelines to the respondents as to how Route Marches should be conducted by the Rashtriya Swayam Sevak Sangh (RSS) in future in Tamil Nadu. As per the guidelines, the petitioner made a representation for permission to conduct Route March, however, the said application was not considered by the authorities. As per the previous judgement of the High Court, the respondents were expected to grant permission one week prior to the date of Route March.
The Court passed the interim order in a batch of Writ Petitions.
A Single Bench of Justice G. Jayachandran observed in its interim order of September 26, “This Court finds that for the reasons mentioned, the representations ought not to have been rejected. As already observed by this Court in the earlier judgment, dated 22.09.2022, the Station Officer or the higher officials could have called the organiser to provide necessary details and completed the process of granting permission, without rejecting it outright. In any event, the learned Senior Counsels appearing for the petitioners state that wherever the rejection order issued, they have already provided the information sought by the police.”
The Petitioner in one of the cases submitted that he sent a representation on September 6, 2024, to the respondents to permit the members of RSS in Kanyakumari District to take out a procession (Route March) wearing the uniform at 4.00 P.M. and hold a public meeting.
It is submitted in the Writ Petition that apart from this, RSS in Tamil Nadu was celebrating Vijaya Dashami in 58 places throughout the State. The State Government had been rejecting grant of permission to conduct route marches in the State and the High Court and the Supreme Court had consistently issued directions to the respondents to grant permission for peaceful route marches of RSS.
In 2023, the Supreme Court had issued directions observing, “It appears to us that the petitioner-authorities should in all fairness submit a proposal before the High Court as to how in future they will ensure that the respondent-organization is permitted to conduct the Route march without seeking intervention of the Court. Such a proposal may be considered by the High Court only after inviting objections/suggestions from the respondent-organization/ its local units. Such a recourse is required to avoid unnecessary litigation in future."
The High Court noted the submissions made by the RSS and directed that the representatives of the petitioners to meet the concerned police officers and provide all particulars required for the Route March. “The details about the route march shall be finalised by following the guidelines framed by this Court vide order dated 05.01.2023 and report this Court on 30.09.2024 at 02.15,” the Court ordered.
Consequently, the Court observed, “This direction is not only for the petitioner, who had approached this Court, but also to all applicants of the organisations, who had sought permission for route march and the said request not yet considered or rejected.”
Accordingly, the High Court listed the matter for hearing on September 30, 2024.
Cause Title: K. Sethuraj v. The State Of Tamil Nadu & Ors.
Appearance:
Petitioner: Advocates S.Manikandan, G. Balaji and G.Subramanian