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Synopsis

The Tamil Nadu Government has moved the Supreme Court challenging the Madras High Court order allowing the Rashtriya Swayamsevak Sangh (RSS) to take out its route march in the state on rescheduled dates.

In its plea, the state has said that the route march would pose a law and order problem.

The Madras High Court recently on February 10 had permitted the RSS to take out its route march in Tamil Nadu on rescheduled dates and observed that protests are essential for a healthy democracy.

Setting aside the order passed by a single judge that had imposed conditions on the proposed statewide route march asking the RSS to hold the march indoors or in enclosed space, the court restored the order dated September 22, 2022, which directed the Tamil Nadu police to consider the RSS' representation seeking permission to conduct the march and a public meeting, as well, and to grant permission for the same.

Last year, in September the Madras High Court had allowed the pleas moved by RSS office-bearers and had directed the state authorities to grant permission for the route march as proposed by RSS on October 2, 2022.

While asking the State Public Prosecutor (SPP) to make sure that the conditional permission for the march is granted on or before September 28, Justice GK Ilanthiraiyan said that he would pass a detailed order later.

In a batch of petitions, RSS members had sought permission for taking out a route march in their uniform led by a musical band throughout Tamil Nadu and thereafter conducting public meetings at 50 places on October 2. 

Background:

The counsel for the petitioner (RSS) had submitted before the High Court that a requisition for the march had been given to the local police, however, it had become a routine practice for the police to not grant permission for the march and keep the issue boiling till the eleventh hour. 

On the contrary, the SPP had contended that some of the office-bearers had not indicated the exact route and the police needed to take into consideration the Grama Sabha meetings also that are slated to take place in all village panchayats on October 2 in view of Mahatma Gandhi’s birth anniversary.

It was for these reasons, the police had not passed any orders so far on the representations seeking permission for the route march, SPP said.

Considering the submissions made by both the parties, Justice Ilanthiraiyan had opined that the march could be permitted with reasonable restrictions.