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Dharwad, Oct 28 (IANS) In a major blow to the Congress-led government in Karnataka, the Dharwad bench of the High Court on Tuesday granted an interim stay on the order that had made 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.
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 lawyer representing the state government sought a week’s time to present arguments. The bench said that it is not clear what the government wants to achieve by such an order. The court also issued notice to the Home Department and the State Government.
The Karnataka government made it mandatory to seek approval from authorities to organize events at public and state-owned venues during a cabinet meeting on October 16. Although RSS was not mentioned directly, sources confirmed that the main objective of the move is to restrict the activities of RSS.
The official statement regarding the order said, “Government, government-aided schools and colleges, aided educational institutions, parks, playgrounds, public roads, open spaces and other properties/lands are designated for the proper use of the citizens. It is necessary to ensure that no obstruction or danger is created which prevents the public from using them. Similarly, it is also necessary to prevent problems related to law and order and resolve public grievances.”
–IANS
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