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Bengaluru, Nov 17 (IANS) The Karnataka High Court on Monday said the Congress-led government’s order making it mandatory for private organizations to seek prior permission from authorities to organize events at public places and government-owned properties is a violation of fundamental rights.
A bench headed by Justice M. Nagaprasanna made this observation while hearing a petition filed by Pashchachetna Seva Sanstha and extended the interim stay on the order till the next hearing on December 15. The court also rejected the government’s request to limit the interim stay to the petitioner only.
The Karnataka High Court further clarified that the interim stay it had issued on October 28 – preventing the government from implementing its order banning gatherings of ten or more people for peaceful civic, social or cultural activities – would apply to everyone, and not just those who had filed a petition in the court.
The court said its previous interim order – now upheld by a higher bench – was issued because the government order violated fundamental rights under Articles 19(1)(a) and 19(1)(b) of the Constitution (freedom of speech and expression, and freedom of peaceful assembly).
Under Article 13(2), fundamental rights can be restricted only by a law passed by the legislature and not through any ordinary government order, the court underlined.
Since the government order is in violation of the Constitution, it cannot be stopped only for the petitioners while being applied to everyone else. The bench said, if it violates the fundamental rights, it becomes invalid not just for some but for all.
The court also asked the prosecution to file objections to the petition. Advocate General Shashi Kiran Shetty sought four weeks’ time to file objections. Considering the plea, the court listed the matter for hearing on December 15. The court further said that the interim stay order will continue till the next date of hearing.
Advocate General Shashi Kiran Shetty had earlier requested that the interim stay order be limited to the petitioner.
The Dharwad bench of the high court on October 28 granted an interim stay on the government order making prior permission from authorities mandatory for organizing events at public and state-owned places.
The government had recently issued the order after RDPR, IT and BT Minister Priyank Kharge wrote a letter to Chief Minister Siddaramaiah, urging him to ban Rashtriya Swayamsevak Sangh (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 an interim order in this regard. 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.
–IANS
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