The Supreme Court has dismissed the appeal by the Tamil Nadu government against the Madras high court judgement which permitted RSS route marches across the state.
On February 10, the Madras High Court permitted the Rashtriya Swayamsevak Sangh (RSS) route marches despite the state’s opposition, The state government cited potential law and order issues while opposing the marches.
The state government had appealed the high court’s decision in the supreme court, but a bench of justices led by V. Ramasubramanian and Pankaj Mithal dismissed the appeal on Tuesday.
Supreme Court rejects Tamil Nadu government’s appeal against Madras High Court order allowing route marches by Rashtriya Swayamsevak Sangh (RSS) in the state pic.twitter.com/PbhjSeKBhR
— ANI (@ANI) April 11, 2023
On March 3, the Tamil Nadu government informed the supreme court that it is not wholly averse to allowing the RSS’s route marches and public meetings throughout the state on March 5 but that these cannot be organised in every street or locality, citing intelligence inputs about potential threats to the law and order situation.
Senior advocate Mahesh Jethmalani, who was representing the RSS, stated that without a very good cause, the freedom to assemble peacefully without weapons under Article 19(1)(b) cannot be restricted.
“Not a single incident of violence was reported from the areas, where these marches were carried out,” Jethmalani said, adding that members of the RSS were attacked where they were sitting peacefully.
The state government had filed a new appeal challenging the original order, dated September 22, 2022, that instructed the Tamil Nadu Police to consider the RSS representation and grant permission to conduct the programs without conditions. On March 17, the top court had postponed the hearing after learning that the state had filed the new appeal.
