RSS route march in Chittapur: Karnataka High Court directs Kalaburagi district administration to give report indicating action taken in according permission for November 2 pathasanchalana

The High Court of Karnataka, in a special sitting on Sunday, directed the Kalaburagi district administration to submit a report by October 24 indicating the action taken in according permission for the revised proposal of the Rashtriya Swayamsevak Sangh (RSS) to hold pathasanhalana (route march) in Chittapur on November 2 instead of October 19, as was proposed earlier.

Justice M.G.S. Kamala passed the interim order on a petition filed by Ashok Patil, convener of the RSS route march, Chittapur.

The petitioner had questioned the legality of the decision of Chittapur tahsildar, who on October 18 denied permission for the march citing that there could be a law and order issue as two other organisations, the Bhim Army and the Bharatiya Dalit Panthers, also proposed to hold rallies on the same day, at the same time, at the same place as was proposed by the RSS.

Though the tahsildar initially had sought more information on the October 19 march from the petitioner, he later denied the permission stating that he got information about the other two rallies.

The petitioner approached the tahsildar on October 17 as a request, submitted on October 13, to the Chittapur civic body and the Circle Police Inspector for allowing the march was not considered.

During the hearing, the court asked senior advocate Aruna Shyam, appearing for the petitioner, whether it would be possible for the petitioner and his organisation to hold the event on some other date. To this, the senior advocate said that November 2 would be convenient and sought the court’s direction to the authorities to permit the event then based on the request submitted to hold the march on October 19.

Though State Advocate General Shashi Kiran Shetty said that the district administration could ensure a designated place for the petitioner’s event, he told the court that authorities would consider the request for the march while pointing out that judicial precedents would indicate that taking out processions through public streets has been discouraged and denounced.

Meanwhile, the court recorded the undertaking given on behalf of the petitioner that the RSS, which already conducted more than 250 route marches sans any untoward incidents, would ensure that peace, tranquility and harmony would be maintained in its proposed route march in Chittapur also.

The court noted that the Supreme Court’s judgment that upholds fundamental right to assemble peacefully and to move freely throughout the country, also indicates that the power of the State, which has primary responsibility to maintain law and order, to impose reasonable restrictions does not mean arbitrary exclusion.

Further hearing was adjourned till October 24.