Dharwad: In a major setback to the Congress-led government in Karnataka, the High Court’s Dharwad Bench on Tuesday issued an interim stay on the order that made prior approval from authorities mandatory for holding events in public and state-owned venues.

HC Intervenes Following Petition Against Government Order

The government had issued the order recently following a letter from Minister for RDPR, IT and BT Priyank Kharge to Chief Minister Siddaramaiah, urging a ban on Rashtriya Swayamsevak Sangh (RSS) activities in public places and government-owned premises across the state.

The issue had also sparked a political row between Congress and BJP leaders.

The bench headed by Justice M. Nagaprasanna passed the interim order after hearing a writ petition filed by Punaschetana Seva Samsthe, an NGO, challenging the legality of the government directive.

Petitioner Argues Violation of Constitutional Rights

The petition contended that the order — which deems gatherings of more than 10 persons illegal and mandates prior permission for foot marches or public events — is unconstitutional.

Senior counsel Ashok Harnalli, appearing for the petitioner, argued that the Home Department’s order violates both statutory provisions and the fundamental rights of citizens. He stated that prohibiting gatherings in parks, grounds, pools, and lakes curtails freedoms guaranteed under Article 19(1)(a) of the Constitution.

“At the very outset, it is evident that the order is unconstitutional,” he submitted.

The counsel representing the state government sought one week to present arguments. Observing the ambiguity in the state’s stance, the bench remarked that it was unclear what the government aimed to achieve through such an order. The court also issued notices to the Home Department and the state government.

Order Aimed at Restricting RSS Activities

The Karnataka government had mandated prior approval for holding events in public and state-owned venues during the cabinet meeting on October 16. Though the RSS was not explicitly mentioned, sources confirmed that the move primarily targeted restricting RSS activities.

An official statement accompanying the order stated:

“Government, government-aided schools and colleges, grant-in-aid educational institutions, parks, playgrounds, public roads, open spaces, and other properties/lands are designated for the rightful use of citizens. It is essential to ensure that no obstacles or threats arise that prevent the public from using them. Likewise, it is also necessary to prevent problems relating to law and order and to address public grievances.”

The interim stay by the High Court provides temporary relief to organisations and individuals opposing the order, pending further hearings.