SC allows RSS route marches in TN, dismisses DMK’s plea

The Supreme Court on Tuesday paved the way for the Rashtriya Swayamsevak Sangh (RSS) to hold a march in Tamil Nadu, brushing aside the state government’s concerns over possible disturbance being created by the outlawed Popular Front of India during the procession.

“The chart provided by the state government shows that the members of the respondent organisation were the victims in many of those cases and that they were not the perpetrators,” a bench of justices V Ramasubramanian and Pankaj Mithal said, referring the previous history of attacks by the now banned PFI on similar rallies conducted by the RSS, the ideological mentor of the Bharatiya Janata Party.

“Therefore, it is not possible for us to find fault with the order passed by the learned judge either in the main writ petitions or in the review applications,” the bench said. “Hence, all the special leave petitions are liable to be dismissed.”

The court was dealing with a set of three appeals filed by the Tamil Nadu government against separate orders of the Madras high court dealing with requests by the RSS to conduct a route march, a procession along designated routes in the state.

The RSS sought permission to hold a march and a public meeting to commemorate the 75th year of Independence, the birth centenary of BR Ambedkar and Vijayadasami festival, on October 2, 2022.

The first order was passed on September 22, when the high court directed the state government to grant permission to the RSS to conduct the march on October 2. The court imposed several conditions to avoid untoward incidents or inconvenience to the public. One of the conditions required RSS members not to carry any sticks or weapons.

Later, a contempt petition was filed by a RSS member against the denial of permission by Chennai police for holding a route march. The state maintained that on review of the situation, permission could be granted for holding a march within an enclosed space or ground.

On November 4, the high court modified its September 22 order and permitted holding of the march in a stadium or ground. This order was challenged by the march organisers before a division bench. On February 10, the high court set aside the November 4 order and restored the September 22 order. The state filed separate appeals against the November 4 and February 10 orders.

Before the top court, the RSS march organisers claimed a fundamental right to assemble peacefully under Article 19(1)(b) of the Constitution and said their march could not be put on hold due to possible violence by the PFI when it is the state’s duty to ensure security.

The state government claimed “reasonable restrictions” under Article 19(3) in the interest of the country’s sovereignty, integrity or public order. It cited instances where a similar route march was carried out by the RSS in Karnataka’s Haveri district in October, when petrol bombs were hurled by alleged PFI supporters at the march.

The top court did not go into the arguments raised by both sides, as it set aside the November 4 order on the ground that the high court judge “travelled beyond the scope of a contempt petition” and went on to modify the earlier order of September 22. The court upheld the February 10 order setting aside this order. On this ground itself, the state’s appeal against the November 4 order was dismissed.

The court approved the September 22 order to interpret the relevant provisions of the law correctly and imposing necessary conditions for the march to be held. Some of the conditions to be observed required the members of the procession to not offend the sentiments of any religious, linguistic, cultural and other groups in any manner. An undertaking had to be given to compensate for any loss to public or private property caused during the procession.