The Supreme Court on Monday stayed its ruling on an appeal by the Tamil Nadu government against a Madras High Court order allowing the Rashtriya Swayamsevak sangh( RSS) to hold demonstrations in the state.
On March 17, Judge V. Ramasubramanian and Judge Pankaj Mithal listed the case for moment after the state government informed the Supreme Court that it had filed a new request for special authorization against the original order of the Madras Supreme Court on September 22, 2022, which allowed the association to organize a march.
Speaking on behalf of Tamil Nadu State, Senior Solicitor Mukul Rohatgi said that the new SLP wasn’t listed moment and requested that the matter be streamlined so that the two desires could be dealt with together.
The Rashtriya Swayamsevak Sangh( RSS) stint, which was due to take place in Tamil Nadu on March 5, was cancelled after the Apex Court suspended the case on March 3 at a request on the state of addresses between the colorful parties to seek a result to find.
JusticeV. Ramasubramanian and Justice Pankaj Mithal authorised the state to hold a dialogue with the RSS on the proposed routes from March until coming date.
Senior advocate Mahesh Jethmalani, speaking on behalf of the RSS, said the state bans roadside demonstrations because someone could come and attack.
He also stressed that because of a person’s apparent behavior fundamental rights could not be restricted in this way.
“It was fine before, there were no complaints,” said the lawyer.
RSS Senior advocate Maneka Guruswamy questioned the Tamil Nadu government’s situation report, saying that public order and appropriate restrictions could be limited to this type of situation report. He briefed the court on the law that said RSS processions could only be allowed in a fenced-off area.
Earlier, the Tamil Nadu government told the Supreme Court that it did not oppose the march on the RSS route outright, but could not allow it in sensitive areas.
On March 17, the Supreme Court adjourned a hearing at the request of the state government to challenge the Supreme Court’s order, after being told that the state had filed a new appeal against the original order of September 22, 2022, which the Tamil Nadu State Police requested Consider RSS performance and grant permission to run the programs without conditions. On March 3, the Tamil Nadu government told the Supreme Court that it was not completely opposed to the approval of RSS ; He held marches and public gatherings across the state on March 5 but, citing intelligence reports, said they could not be held on every street or in every city. Rohatgi had previously told the court that the state would try to find a solution and decide which routes the motorcade should follow by then. An RSS lawyer said the state has approved similar events organized by organizations such as the “Dalit Panthers”; but RSS was singled out for its harsh treatment. RSS he said, was allowed to march into six districts, which he did. However, he was asked to hold the event in a confined space at 42 locations. The state government, in a previous appeal to the Supreme Court, said the march along the street posed a law and order problem and requested a stay of the Supreme Court’s decision.
He then instructed the RSS to approach the state authorities with three different dates of their choosing for the peaceful march/procession, and the state authorities were asked to give them approval for one of the selected dates. RSS was also asked to maintain strict discipline and ensure that there was no provocation or incitement by them during the demonstrations. In a challenge to a judge’s decision, the RSS asked authorities to allow its members to hold a uniformed motorcade statewide. The organization had previously requested approval for a hiking trail to commemorate the 75th year of Independence, the birth centenary of Bharat Ratna B R Ambedkar and Vijayadasami festival on October 2, 2022.
Written by -Anushka yadav student of the ba.llb 2nd semester at Rnb global University bikaner Rajasthan
0 Comments