Bengaluru: The Karnataka High Court on Tuesday stayed a State government order that barred unauthorised assemblies of more than ten people in public spaces such as roads, parks, and playgrounds. The order, issued on October 18, was reportedly passed in response to proposed marches by the Rashtriya Swayamsevak Sangh (RSS).
Justice M Nagaprasanna, hearing the plea filed by Punashchethana Seva Samaste and others, observed that the directive, though intended to prevent unauthorised use of public property, prima facie infringed upon fundamental rights guaranteed under the Constitution — particularly the freedoms of speech, expression, and peaceful assembly. The Court noted that such rights cannot be curtailed by an executive order without proper legislative backing, as it would violate Article 13(2) of the Constitution.
Concluding that the order lacked legal foundation, the Court stayed its operation until the next hearing. Notices were issued to the Chief Secretary, DGP, Dharwad City Police Commissioner, Dharwad Deputy Commissioner, and other senior officials. Senior advocate Ashok Haranahalli appeared for the petitioners, arguing that the government’s directive directly undermined citizens’ right to peaceful assembly.
