RSS Marches Row: Karnataka High Court Upholds Stay on State Order Restricting Unauthorised Public Assemblies
(By Syed Ali Taher Abedi)
Bengaluru, November 6, 2025 — In a substantial development concerning the right to peaceful assembly, the Karnataka High Court on Thursday declined to lift the stay on a contentious Government Order (GO) that restricts unauthorised public gatherings of more than ten individuals. The GO, issued on October 18, was framed in the backdrop of proposed marches by the Rashtriya Swayamsevak Sangh (RSS) to commemorate its centenary celebrations.
A division bench comprising Justices S.G. Pandit and Geetha K.B. refused to interfere with the interim stay granted earlier by a single-judge bench. The State government, represented by Advocate General Sashi Kiran Shetty, had urged the bench to limit the operation of the single-judge’s stay order to only the petitioners who had challenged the GO. However, the bench declined to accede to this request, thereby maintaining the broader applicability of the stay.
Backdrop and Legal Challenge
The GO was challenged by four petitioners: the Punashchthana Seva Samaste (an organisation), the We Care Foundation (a registered society), and two individuals—Rajeev Maljar Patilkulkarni from Dharwad and Uma Satyajit Chavan, a social worker from Belagavi. The petitioners contended that the GO infringed upon their fundamental right to peaceful assembly as guaranteed under Article 19 of the Constitution of India.
On October 28, Justice M. Nagaprasanna of the High Court had stayed the GO, observing that while the directive aimed to curb unauthorised use of public property, it prima facie encroached upon constitutionally protected freedoms—namely, the right to speech, expression, and peaceful assembly. The single-judge order further noted that such fundamental rights cannot be curtailed through executive fiat in the absence of legislative sanction.
Division Bench Refuses to Lift Stay
The State’s appeal against the single-judge’s interim order was heard by the division bench today. Advocate General Shetty argued for a narrowed scope of the stay, suggesting that it be confined to the petitioners alone. However, the bench turned down this plea as well, effectively upholding the broader stay on the GO.
This judicial stance underscores the constitutional imperative of safeguarding civil liberties, particularly in contexts where executive action may impinge upon public freedoms. The court’s refusal to dilute the stay order signals a cautious approach to balancing public order with individual rights, especially in politically sensitive scenarios such as the proposed RSS marches.
