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The tenure of the rejection order was certainly not in tune with the secular or democratic way of governance, said the court
The Madras High Court has recently criticized the Tamil Nadu government for its decision to deny the Rashtriya Swayamsevak Sangh (RSS) permission to conduct a route march and public meetings in the state.
The single judge bench of Justice G Jayachandran, in an order dated October 16, noted that the government had delayed its decision on several representations made by RSS members, only refusing permission just before the matter reached the high court.
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. The court, however, deemed these grounds insufficient for refusal, stating that they did not align with the principles of secularism and democratic governance.
"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," said the court.
The court consequently allowed a batch of petitions filed by local and State-level RSS members seeking permission for the route march and public meetings. It directed both the state authorities and participants to ensure that the events are conducted peacefully.
Notably, a similar issue had arisen in October of the previous year when the RSS sought permission to conduct its events to mark Gandhi Jayanti and India's 75 years of independence.
The state government had previously denied permission based on intelligence reports predicting potential law and order issues. The Madras High Court had then granted permission with certain restrictions, but a subsequent division bench of the high court had lifted those restrictions, emphasizing the importance of peaceful protests in a democratic society.
Case Title: S.Raja Desing v. State of Tamil Nadu
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