Supreme Court rejects Tamil Nadu’s plea against Madras HC’s order permitting RSS marches in the state

RSS march Tamil Nadu: On Tuesday, the Supreme Court dismissed the appeal made by the Tamil Nadu government against the Madras High Court’s verdict that allowed the Rashtriya Swayamsevak Sangh (RSS) to conduct route marches in the state. The ruling DMK government had appealed against the HC Division Bench’s order of February 10, which had set aside a single-judge bench’s November 4, 2022 order that asked the RSS to hold the march in “compounded premises such as Ground or Stadium” in Tamil Nadu.

The HC also restored an earlier order dated September 22, 2022, which directed the police to grant permission for the RSS march in Tamil Nadu and public meeting, stating that it is within the fundamental right of the organization to conduct such processions at public places, including public roads and meetings.

Rights guaranteed

The Madras HC bench of Justices R Mahadevan and Mohammed Shaffiq stated that the State has the right to impose reasonable restrictions but cannot prohibit them entirely. It also mentioned that it is the State’s duty to maintain law and order situations and provide adequate security to a lawful claim while ensuring that the fundamental rights guaranteed under the Constitution are not abridged.

Supreme Court dismisses Tamil Nadu government's appeal challenging the Madras High Court judgement allowing Rashtreeya Swayamsevak Sangh (RSS) to carry out route marches in the state. @IndianExpress

— Ananthakrishnan G (@axidentaljourno) April 11, 2023

The HC also directed the RSS to approach the Tamil Nadu authorities with three different dates of their choice to hold the route march and directed the authorities to grant permission on one of the three dates.

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Review petition

The RSS had applied to the Tamil Nadu Police for permission to carry out the marches on October 2, 2022, to commemorate the 75th year of Independence, the birth centenary of B R Ambedkar, and Vijaydasami. However, the request was not granted, following which the outfit approached the HC, and a single bench directed the police to permit the RSS march in Tamil Nadu and public meeting subject to certain conditions.

The state filed a review petition, which was rejected by the HC on November 2, 2022. The High Court granted permission to hold the procession and public meetings on November 6, 2022, only in “compounded premises such as Ground or Stadium.”