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Synopsis

Tamil Nadu government has approached the Supreme Court of India challenging the Madras High Court's order dated October 16, 2023, whereby a single judge bench had allowed a batch of petitions filed by local and State-level RSS members seeking permission for the route march and public meetings.

By way of said judgment a bench of Justice G Jayachandran had criticized the Tamil Nadu government for its decision to deny the permission for RSS route marches. 

Today, a bench of Justices Surya Kant and Dipankar Datta was told by Senior Advocate Kapil Sibal that recently a contempt petition had also been file before the High Court for non-compliance of the impugned order.

The bench questioned why an intra court appeal was not filed before the High Court. "There is the division bench which can be a forum to correct the single judge's order..", court said.

Court will now hear the appeal on Monday, November 6, 2023.

It is to be noted that the Madras High Court on Wednesday, November 1, had in contempt petitions filed for failure to grant permission to Rashtriya Swayamsevak Sangh (RSS) route marches at various places across Tamil Nadu, issued statutory notices to Home Secretary P. Amudha, Director General of Police (DGP) Shankar Jiwal, and other officers, returnable by four weeks.

The bench of Justice G Jayachandran was informed by the senior counsel G. Rajagopal representing the RSS office-bearers that despite the court's earlier order directing the police to grant permission for the route marches, no such permission was granted. 

Though Additional Public Prosecutor (APP) R. Muniyapparaj submitted that against the high court's order, appeals have been filed and they are expected to be listed before the Supreme Court on November 3, court refused to allow his request for some more time to seek instructions from state officials on the issue and went on to issue to notices. 

In the impugned order, Court had pointed out that the reasons provided by the state government for denial included the presence of mosques, churches, and a regional office of the DMK along some proposed routes, as well as potential traffic congestion on narrow roads.

"By citing the existence of the structures, place of worship of other religion or office of some organizations, which do not share the same ideology of RSS, the request of RSS to conduct procession and public meeting is rejected. This order is contrary to the principle of Secularism which is the foundation of our Constitution of India," it had said.

Case Title: State of Tamil Nadu vs.  S. Raja Desingu