HC halts govt order mandating prior permission for pvt organisation activities in public premises

Bengaluru: In a setback to the Siddaramaiah-led Congress government, the Dharwad Bench of the Karnataka High Court on Tuesday stayed the state's order mandating that private organisations secure prior permission before holding any activities in government-owned spaces.

Justice M Nagaprasanna, hearing the matter, granted an interim stay on the directive and scheduled the next hearing for November 17. The petition challenging the government's order was filed by an organisation named Punashcetana Seva Samsthe, which argued that the decision curtailed citizens' constitutional rights to assembly and association.

Senior advocate Ashok Haranahalli, appearing for the petitioner, contended that the government's directive was an infringement on fundamental freedoms.

"The order mandates permission even for gatherings of more than ten people. This effectively criminalises lawful assemblies, even a small event in a public park," he told the court.

Noting that the learned AGA (government advocate) has sought time to file his statement of objections, the Judge said, "In view of the government order being violative of Article 13(2) of the Constitution of India, the government order and all consequential actions arising from it shall remain stayed till the next date of hearing."

The Judge then posted the matter to November 17 for further hearing. While the government order does not specifically name RSS, the provisions of the order are said to be aimed at impacting the activities of the Hindu right wing organisation, including its route marches.

As per the government order on October 18, permission to use government premises must be sought three days before a programme or event, and it will be applicable to any private association, society, trust, club, body of individuals or any other entity, whether registered or not.

Permission will be required for any procession or rally, which includes a congregation of over 10 persons, accompanied by music, having a common object to carry on a common movement or route march passing through a government property.

However, marriage and funeral gatherings are exempted. Government premises include land, building, road, park, playground, water body or any immovable property owned and managed by local authorities or administrative departments, boards, corporations etc.

The jurisdictional police commissioner or deputy commissioner will be the "competent authority" to issue permits. The order was based on a recent Cabinet decision, prompted by Panchayat Raj and IT/BT Minister Priyank Kharge's letter to Chief Minister Siddaramaiah seeking a ban on RSS' activities in public places.

The opposition has also criticised the move, alleging that it was intended to curb the programmes and marches of the RSS. (PTI)