The Karnataka High Court on Tuesday stayed the State Government’s order dated October 18, which restricted unauthorised gatherings of more than ten persons in public places such as roads, playgrounds, and parks.
The impugned order, reportedly issued in the backdrop of proposed RSS marches across the State, was challenged by Punashchethana Seva Samaste and others through a writ petition.
The petitioners contended that the order violated the fundamental right to peaceful assembly enshrined under Article 19(1)(b) of the Constitution of India.
Court Observes Violation of Fundamental Rights
Presiding over the matter, Justice M. Nagaprasanna observed that the government directive, though intended to prevent misuse of public property, prima facie infringes the fundamental rights of citizens, particularly the right to free speech, expression, and peaceful assembly.
The Court underscored that executive instructions cannot curtail constitutional freedoms in the absence of specific legislative sanction. Justice Nagaprasanna cited Article 13(2), affirming that no State authority can make any law or order that takes away or abridges fundamental rights.
“Fundamental rights form the cornerstone of our constitutional democracy and cannot be curtailed by mere administrative orders lacking statutory foundation,”
the Bench noted.
Stay Granted Until Further Hearing
Finding the government’s restriction legally untenable, the Court stayed the operation of the order until the next date of hearing. The stay effectively reinstates the citizens’ right to hold peaceful assemblies, including the proposed RSS marches, subject to existing law and order norms.
Notices have been issued to multiple State authorities, including the Chief Secretary, Under Secretary (Home), Principal Secretary (Personnel and Administrative Reforms), Director General of Police, Dharwad City Police Commissioner, Dharwad Deputy Commissioner, Law and Parliamentary Affairs Department Secretary, and the Commissioner of Hubballi-Dharwad Municipal Corporation (HDMC).
Senior Advocate Ashok Haranahalli appeared on behalf of the petitioners. The matter will now be heard on the next scheduled date after compliance with the notices.
Bench and Party Details
- Case Title: Punashchethana Seva Samaste & Ors v. State of Karnataka & Ors
- Bench: Hon’ble Justice M. Nagaprasanna
- Petitioners Represented By: Senior Advocate Ashok Haranahalli
- Respondents: State of Karnataka and senior administrative officers of Dharwad district
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