On Monday (16th October), the Madras High Court instructed the Tamil Nadu state government to grant permission to the Rashtriya Swayamsevak Sangh (RSS) to carry out route marches. The single-judge bench of Justice G Jayachandran observed that the Tamil Nadu state government went against the secular and constitutional principles in the state.
The writ petition was filed by an RSS member S Raja Desingu seeking permission to conduct the procession (Route March) wearing their Uniform (Dark olive brown trousers, white shirt, cap, belt, and black shoes) led by a Musical Band from near Vazhappady bus stand towards Cuddalore Road to Vazhappady Bus Stand towards Cuddalore Road (Via Sadiayappa Gounder Street, Thammampatty Road, Nallathambi Gounder Street, Vathi Padiayatchi Street, Ayya Gounder Street, Paruthi mandi) on 29.10.2023 between 04.00.p.m., and 8.00.p.m., and conduct a public meeting after the march.
Senior Counsel G Rajagopalan represented the RSS in this case. Advocate General R Shanmuga Sundaram, Government Advocate S Santhosh and Ms Shakeena represented the state government. State Public Prosecutor Hasan Mohammed Jinnah appeared for Tamil Nadu’s Director General of Police and other police officials in the areas where the permissions for route march were sought by the RSS.
MK Stalin’s government cited mosques, churches and party offices on the route of the RSS march as reasons to deny permission
The court said, “Considering the questionnaires and the reason stated by the State Administration for rejecting the representations, it is broadly on the ground that, (i). There are Mosques and Churches in the procession route. (ii). There is a possibility of traffic congestion since there are narrow roads. At the same time, the procession on the National Highway road is also shown as a reason for rejection. (iii). In one of the rejection orders, it is stated that the applicant has not disclosed the existence of the Dravidar Kazhagam Office in the procession route.”
The court underlined the inability of the state government to provide means for a secure organisation of the event
The Madras High Court further said, “Invariably, in almost all the rejection orders, the requests made by the V.C.K. Party and Thamizhar Vazhvurimai Kazhagam, to conduct meeting and procession during the said period is also shown as one of the reasons for rejection. Some of the earlier untoward incidents leading to the registration of criminal cases are also mentioned. The chart provided by the learned Advocate General, which was annexed to the judgment, are lame reasons, to say the least. The State to circumvent or defy the mandate of the Hon’ble Supreme Court order to deny permission to the Organization to conduct a rally democratically had listed out reasons and it only exposes the inability of the State machinery.”
The court also noticed the willful opposition to the RSS route march by the state government
The court further indicated that the Tamil Nadu state government is wilfully opposing the RSS route march. The court observed, “The rejection order passed subsequently clearly shows that the State has no intention to permit this Organization to conduct the Rally on 22.10.2023 or 29.10.2023. The reasons stated in their rejection order are not pertinent to the inconvenience of the State to provide protection particular date or time but on the general reasons which will always be in existence at all point in the entire 365 days of the year.”
The court further said, “In a few of the rejection orders, it is stated that Devar Jayanthi is to be conducted on 30.10.2023, therefore, mobilization of the Force to the Southern part of the State is required. Whereas, in the Writ Petitions, this Court finds the Organizers of RSS from the Southern District had sought permission to conduct Procession/meeting only on 22.10.2023, which is about 8 days earlier than the Devar Jayanthi. Hence, this reason does not appear to be genuine or reasonable.”
Madras High Court highlighted the way MK Stalin’s government acted against the secular foundation of the Constitution of India
Underlining that the Tamil Nadu state government’s orders rejecting permissions to RSS route marches were against the secular principles of the constitution of India, the court noted, “The tenure of the rejection order certainly not in tune with Secular or democratic way of governance. It is neither in obedience nor compliance with the Hon’ble Supreme Court of India’s dictum.”
The court added, “By citing the existence of the structures, places of worship of other religions or offices of some organizations, which do not share the same ideology of RSS, the request of RSS to conduct procession and public meetings is rejected. This order is contrary to the principle of Secularism which is the foundation of our Constitution of India.”
Permission granted to the RSS route march
Granting the permission to the RSS route march, the Madras High Court ordered, “The Organizers of the rally who had sought permission for procession and meeting should give an undertaking to the District Superintendent of Police, to whom they sought permission to conduct the rally, that they will scrupulously follow the guidelines of the Hon’ble Supreme Court of India they will not deviate from the guidelines and any other restrictions reasonably laid by the District Administration.”
Instructing the government to make all the necessary arrangements to facilitate the seamless organisation of the route march, the court added, “Having now aware of the route and prospective spots which required concentration and attention, it is the duty and responsibility of the District Administration to make all necessary arrangements for the peaceful conduct of the rally/procession and the public meeting.”
The court also laid certain conditions for the RSS and the government
Closing all the miscellaneous petitions in this regard in a stroke, the Madras High Court laid down guidelines for the organisation of the route marches of RSS and gave instructions to the administration as well as rally organisers. The court said, “The Superintendent of Police of the concerned District, to whom the application is made shall issue permission after having consultation with the Organizers, if necessary. The Organizers of the processions may be amenable to minor changes in the route, if the District Administration feels that, it may be difficult for them to provide bandobust in a particular route. If there is any such difficulty, the District Administration can have a consultation with the Organizers and provide an alternative route.”
The court also foresaw that the state government may impede the RSS route march organisation under the guise of route change and may cite the very court order to support its vicious opposition to the RSS route march. Therefore, the Madras High Court further clarified, “The starting point and ending point shall not be compromised under the guise of changing the route. The permission in writing with necessary restrictions to be issued at least three days prior to the date of rally/meeting.”
The Supreme Court had permitted the route march in April 2023
It is notable that the Tamil Nadu government’s appeal against a Madras High Court decision permitting RSS to organise the march was rejected by the Supreme Court on 11 April 2023. Earlier the MK Stalin government in Tamil Nadu had raised objections and prohibited the RSS route marches from taking place in the state. It filed a plea in the apex court against the Madras High Court orders allowing RSS (Rashtriya Swayamsevak Sangh) to hold marches in the state.
The dispute between RSS and the Tamil Nadu state began in 2022
RSS had been conducting Vijayadasami route marches annually in the State. However, it was unable to plan route marches for the last few years due to the pandemic. Last year (2022), the Hindu outfit approached the state government seeking permission to hold its traditional route march on October 2. It planned to cover 51 locations across the state.
The purpose of the processions was to mark the RSS’s founding day, India’s 75th anniversary of independence, and Dr B R Ambedkar’s birth centennial. In October 2022, the MK Stalin government refused to grant permission after which RSS approached the Madras High Court filling 50 writ petitions to direct the police to grant permission for the same.
The round of court hearings in 2022
What ensued was a protracted legal dispute between the Tamil Nadu DMK administration and the RSS. RSS filed a case with the Madras High Court, seeking direction from the TN government to give permission. The state government, in turn, filed 50 review petitions, which Justice GK Illanthiraiyan of the Madras HC dismissed on September 22, 2022, and permitted the RSS to hold rallies across Tamil Nadu on October 2 with some conditions.
Since the order of HC dated September 22, 2022, was not complied with by the State Govt, RSS Tamil Nadu was forced to file 50 contempt petitions before a Single Judge. During the hearing of the contempt petition, the State Govt filed a status report, in which it stated petrol bomb attacks on RSS and BJP cadres throughout Tamil Nadu as an excuse to not grant permission for the route march to RSS. It argued that RSS rallies would lead to instability and would be difficult to manage.
MK Stalin’s government did not follow the court order when permissions were granted
The Madras HC modified the order dated September 22, 2022, and gave permission for RSS to conduct procession within compounded premises in 23 places and conduct the route marches in 3 other locations. It rejected permission in 24 places. The court also ordered the TN Police to let the RSS hold a rally on November 6 rather than October 2.
Despite Madras HC’s specific orders, MK Stalin only granted permission for route marches in 3 locations while denying permission for other areas. It also went on to file a review petition on September 28 on war foot urgency. Angered by the order of a single Judge for rejecting permission in other places, RSS Tamil Nadu filed 45 appeals to the division bench.
The matter was then resolved in the Supreme Court
On November 2, the division bench set aside the order passed by Single Judge in contempt petition and restored the original order passed by Single Judge order. It rejected the State Government’s review petition. Reprimanding the state police for not allowing rallies only based on information received from the intelligence department, the court once again issued instructions to the state police to allow RSS to hold rallies at 44 locations in the state.
Even while implementing these orders, the MK Stalin government imposed several restrictions on RSS. Later, the MK Stalin government filed an appeal against this order before the Supreme Court of India. After an elaborate hearing of the State Government and RSS, the apex court on April 11, 2023, pronounced its orders allowing the RSS to conduct route marches in Tamil Nadu.
