The Tamil Nadu government has agreed before the Supreme Court to allow the Rashtriya Swayamsevak Sangh (RSS) to hold marches in various districts across the state, either on November 19 or 26, following the modalities approved by the Madras High Court.
During the hearing, Special Leave Petitions were filed by the State against the Madras High Court’s orders, which directed the police authorities to grant permission to the RSS for route marches in the state.
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A bench chaired by Justices Surya Kant and Dipankar Dutta of the Supreme Court asked the RSS to submit the proposed route to the authorities within three days and asked the state to take a decision on it and inform the organization by November 15.
“On suggestion of the revised dates by Madhavi Divan, learned senior counsel representing the respondent-organisation, Kapil Sibal and Mukul Rohatgi, learned senior counsel as well as Amit Anand Tiwari, learned AAG for Tamil Nadu submit that the respondents shall be permitted to conduct the procession/rally either on 19.11.2023 or 26.11.2023, as per the modalities approved by the High Court including the commencement and the terminating points of the procession/rally and subject to the terms and conditions contained in the High Court order,” the court said in its order, as reported by Indian Express
It added that “the respondent (RSS) may submit the proposed route within three days. The petitioner-authorities are directed to take an appropriate decision including the modification, if any, in the route, as agreed to by the respondents before the HC, and shall inform the same on or before 15.11.2023”. The SC fixed the next hearing on November 20.
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The RSS had approached the court seeking directions from the State to grant permission for their route marches. However, during the case’s pendency, the State categorically rejected the request for conducting a rally.
Nonetheless, considering the circumstances, the court deemed it appropriate to examine the rejection order itself. In the order issued by the Madurai Bench, the High Court recorded the counsel’s submission representing the petitioners that the RSS would maintain discipline throughout the events, demonstrating their commitment to core discipline.
The High Court cautioned that no RSS members should speak ill of any caste or religion during the march. The High Court imposed several conditions on the march, including limiting participants to 500 and prohibiting the use of sticks, lathis, or any weapons, as per Live law.
Last year, a single High Court judge, in similar circumstances, permitted the RSS to conduct a route march with certain conditions. Although a review application by the State was dismissed, when the RSS filed a contempt petition for non-compliance with the order, the court modified the earlier order and imposed specific restrictions. When an intra-court appeal was filed, the division bench set aside the order imposing conditions. The Supreme Court upheld the division bench’s decision.
The court noted that in the current case, although the State listed reasons to reject permission for the route march, these reasons were merely an attempt to circumvent or defy the Supreme Court’s mandate, revealing the State machinery’s inability to comply.