The Supreme Court today directed listing on Friday, the appeal filed by the State of Tamil Nadu against the Order of the Madras High Court directing the State Police to grant permission to RSS (Rashtriya Swayamsevak Sangh) for route marches.

“We will hear this on Friday,” said a Bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha, when the matter was mentioned for urgent hearing.

“Somewhere we can allow you to have in compounds, stadiums and not on every street as you desire. Every street in Tamil Nadu, we can’t do that,” said Senior Advocate Mukul Rohtagi, who appeared for the State of Tamil Nadu.

“The Single Bench accepted that you do it in this fashion. The Division Bench said ‘No’ and granted as they desired- wherever they want. It is to be done on 5th of March. This order has been passed in contempt. I am requesting for Friday,” he added further.

On February 10, the Division Bench of the High Court had asked the RSS to give three dates to the State Police and had asked the Police to choose one date from the three.

The Division Bench of the Madras High Court has set aside the order of the Single Judge of the Court permitting the RSS to conduct route marches across Tamil Nadu only inside compounded premises, with certain additional restrictions.

“…the ideology of every organization or political outfit in the State need not be identical or acceptable to another. Just because, there are other outfits that have a different ideology, the permission sought cannot be denied”, the Division Bench had said.

The Single Judge had granted permission to the RSS to conduct route marches in 44 places in Tamil Nadu on November 6, 2022 with certain conditions. The Court had directed that the procession and public meetings should be conducted in compounded premises such as a ground or stadium. The Court had also directed that during the program, nobody shall either sing songs or speak ill on any individuals, any caste, religion, etc.

The Division Bench of the High Court while setting aside the above order, had also refused to grant leave sought by the State to appeal to the Supreme Court against its Judgment.

Thereafter, the State of Tamil Nadu filed the Special Leave Petition in the Supreme Court on February 21, through Advocate-on-Record Joseph Aristotle S. The matter now will be considered by the Apex Court on Friday, March 03.

Cause Title- K. Phanindra Reddy, I.A.S & Ors. v. G. Subramanian

Chief Justice DY ChandrachudJustice PS NarasimhaRSS

Puneet Deshwal