In a major setback for the Tamil Nadu (TN) government, the Supreme Court (SC) has granted permission to the Rashtriya Swayamsevak Sangh (RSS) to take out marches in the state.
A bench of Justices V Ramasubramanian and Pankaj Mithal said, “All special leave petitions are dismissed”. On March 27, the SC bench had reserved its judgment.
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The RSS had sought permission in October to hold the marches to mark ‘Azadi Ka Amrit Mahotsav’ and Gandhi Jayanti.
The state government, headed by CM MK Stalin, had refused it, citing intelligence reports that the banned Muslim organisation Popular Front of India (PFI) might attack the marches.
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On February 10, a division bench of the Madras High Court (HC) had allowed the RSS to go ahead with it, after which the state moved the SC.
The HC had restored the order dated September 22, which directed the Tamil Nadu Police to consider the RSS’s representation and grant permission to conduct the programmes without conditions. It had set aside the order passed on November 4 by a single judge bench of the high court which had imposed conditions on the proposed state-wide route marches asking the RSS to hold the events indoor or in an enclosed space.
Accordingly, it had directed the RSS to approach the state authorities with three different dates of their choice for the purpose of holding the route march/peaceful procession and the state authorities were asked to grant permission to them on one of the chosen dates. Also, the RSS was asked to ensure strict discipline and make sure there is no provocation or incitement on their part during the marches.
IN THE SC
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Senior Advocate Mahesh Jethmalani, who appeared on behalf of the RSS, highlighted that the state had given permission to protests by other organisations such as Dalit Panthers and the ruling Dravida Munnetra Kazhagam (DMK) party, but was singling out the RSS.
The Tamil Nadu government had on March 3 told the top court that it is not completely opposed to allowing the RSS’s route marches and public meetings across the state, but cited intelligence reports to say these cannot be held in every street or locality.
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Jethmalani further questioned why the RSS was not allowed to carry out the march, as the PFI was already banned. He further added that no incidents of violence were reported in the marches and also informed the court that the RSS members were attacked where they were peacefully sitting.
