SC reserves verdict on TN’s plea against HC order allowing RSS rallies

NEW DELHI: The Supreme Court on Monday reserved its verdict on a plea of the Tamil Nadu government against a Madras High Court order allowing the RSS to hold marches in the state.

A bench of Justices V Ramasubramanian and Pankaj Mithal reserved the verdict, after the state government counsel Mukul Rohatgi argued there cannot be an absolute right to hold marches just as there cannot be an absolute ban on taking out such processions.

During the hearing, he submitted, “Can there be a vested right to hold processions, wherever an organisation wants? State government has allowed RSS to take out marches in particular routes, while directing the organisation to hold such marches indoors in other areas. It was done to maintain public order and tranquility.”

Senior advocate Mahesh Jethmalani, appearing for the RSS, said the right to assemble peacefully without arms under Article 19(1)(b) cannot be curtailed in the absence of a very strong ground.

Comparison to PFI questioned

He questioned the ban imposed by the government on the RSS to carry out marches in some areas on the ground that the Popular Front of India was also recently banned.

“Not a single incident of violence was reported from the areas, where these marches were carried out,” Jethmalani said, adding that members of the RSS were attacked where they were sitting peacefully.

“The fact that a banned, terrorist outfit continued to attack members of the organisation with impunity is a matter of grave concern. It is embarrassing, especially when the state government should be cracking down on the PFI and allied organisations even more stringently. But, either they cannot control this, or they don’t want to control this, because their sympathies are with the PFI,” he said.

Senior advocate Maneka Guruswamy, also appearing for the RSS, submitted that the right of any group to peacefully assemble and to march cannot be curtailed unless there are well-founded reasons for escalations of hostilities.

The bench, after hearing the arguments, said it will pass an order on the plea of the state government.

On March 17, the top court had deferred the hearing on the plea of the state government challenging the High Court order after it was told that the state had filed a fresh appeal challenging the original order, dated September 22, 2022, that directed the Tamil Nadu Police to consider the RSS representation and grant permission to conduct the programmes without conditions. On March 3, the Tamil Nadu government had told the top court that it is not completely opposed to allowing the RSS’ route marches and public meetings across the state on March 5, but cited intelligence reports to say these cannot be held in every street or locality.

On March 3, state told apex court that it is not completely opposed to rallies