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Bengaluru: The Karnataka government has decided to file an appeal before a division bench of the High Court challenging the interim stay on its order which made prior permission mandatory for holding public events in public places and government-owned premises across the state.
The BJP has alleged that the order was issued to restrict the activities of the Rashtriya Swayamsevak Sangh (RSS) in Karnataka.
Speaking to the media in Bengaluru on Tuesday, Chief Minister Siddaramaiah said that the Dharwad bench of the High Court has issued a stay order on the instructions of the government. CM Siddaramaiah said, “We will file an appeal petition against the decision.”
Home Minister G Parameshwara said that the government will challenge the court order before the division bench. “The court has issued a stay order and the chief minister has given directions in this regard. We will go for an appeal before the division bench,” he said.
When asked whether this decision was a blow to the government, Home Minister Parameshwara said it was not so. “The verdict has been delivered and we are appealing against it,” he said.
In a blow to the Congress-led government in Karnataka, the Dharwad bench of the High Court on Tuesday granted an interim stay on the government’s order making prior permission from authorities mandatory for organizing events at public and state-owned places.
The government had recently issued the order following a letter by RDPR, IT and BT Minister Priyank Kharge to Chief Minister Siddaramaiah, urging him to ban RSS activities in public places and government-owned premises across the state. A war of words broke out between Congress and BJP leaders on this issue.
A bench headed by Justice M. Nagaprasanna passed the interim order. The writ petition was filed by Paschachetna Seva Sansthan, an NGO, challenging the validity of the government order. The petition argued that the order, which considers gatherings of more than 10 persons illegal and makes it mandatory to seek permission from authorities for holding foot marches or public events, is unconstitutional.
Senior advocate Ashok Harnalli, appearing for the petitioner, argued that the order issued by the Home Department violates both law and the Constitution. He said banning gatherings of more than 10 people in parks, grounds, pools and lakes is unacceptable under the law.
He said, this order curtails the constitutional rights of citizens guaranteed under Article 19(1)(a) of the Indian Constitution. “It is clear at the outset that the order is unconstitutional,” he said.
The division bench said that it is not clear what the government wants to achieve through such an order. The court also issued notice to the Home Department and the State Government.
Meanwhile, the Karnataka unit of the BJP on Tuesday welcomed the interim stay issued by the Dharwad bench of the High Court, calling it an affirmation of its stand against the “unconstitutional move” of the Congress-led government to curb the freedom of assembly.
–IANS