Allow RSS rally on Nov 19 or 26, SC tells TN government

The Supreme Court on Monday allowed the Rashtriya Swayamsevak Sangh (RSS) to take out its march through various districts of Tamil Nadu, but gave the state government the discretion to decide the route to be followed after the police department had cited potential law and order situation for denying permission.

With the state agreeing to allow the rally either on November 19 or 26, the two dates proposed by RSS, a bench of justices Surya Kant and Dipankar Dutta directed the RSS to submit its proposed route within three days to the state government. Once this is done by November 9, the Court directed the state to decide on their proposal by November 15.

Appearing for Tamil Nadu, senior advocates Kapil Sibal and Mukul Rohatgi along with additional advocate general Amit Anand Tiwari, told the Court that the route proposed earlier was not feasible as there are several mosques on the way. Sibal said that the dates earlier proposed was on October 22 and 29 which coincided with celebrations by the Muslim community.

“We don’t want clashes to happen. Any other dates we are willing to give them,” Sibal said. Rohatgi supplemented by saying, “You cannot expect to go through Jama Masjid. It will create that kind of a (lad and order) situation.”

The bench observed, “Law and order is to be taken care of. As long as they are doing it peacefully as per the routes permitted...we will see.”

Senior advocate Madhavi Divan appearing for the RSS petitioners informed the Court that they would like to take out the march on November 19 and 26. As the state was agreeable to one date, the bench allowed the state to pick the date and the route and communicate the same by November 15.

The state had approached the top court against two orders passed on October 16 and 18 passed by the high court permitting RSS to conduct its march. The RSS had given an undertaken to abide by the instructions of the police. The high court had even imposed conditions to be followed during the march.

On November 1, contempt petition was filed against the state for not implementing the high court orders. Sibal told the top court that till the next date, the contempt proceedings before the HC should be stayed. The bench told Sibal to produce a copy of this order before the high court hearing contempt.

In October last year, the RSS had approached the court seeking permission for its march. The state had then objected citing intelligence reports of a possible attack on RSS members following raids conducted against banned outfit Popular Front of India. The high court had permitted the march to be carried out in 44 out of 50 locations in the state in November last year.

The RSS march organisers claimed a fundamental right to assemble peacefully under Article 19(1)(b) of the Constitution of India. It had argued that the state was duty-bound to ensure adequate security. The state, on the other hand, had claimed “reasonable restrictions” under Article 19(3) in the interest of the country’s sovereignty, integrity or public order.