Stay on GO regulating private activities in public spaces: CM directs officials to file appeal against HC order

Stay on GO regulating private activities in public spaces: CM directs officials to file appeal against HC order
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Chief Minister Siddaramaiah on Tuesday said that he has directed state officials to file an appeal against the Karnataka High Court’s interim order staying the state government’s decision that mandated prior police permission for any private organization to hold activities in public or government spaces.

The Congress government had recently issued an order making it compulsory for private groups and organizations to obtain permission before conducting any event or activity in public places or government properties such as parks, roads, and grounds.

However, the High Court’s Dharwad Bench, headed by Justice M. Nagaprasanna, stayed the implementation of this order, terming it a violation of fundamental rights under Article 19 of the Constitution. Reacting to the development, Siddaramaiah told reporters in Bengaluru, “I have instructed officials to file an appeal before a divisional bench against the stay order. The Dharwad Bench has given an interim order, and we will challenge it legally.”

The Chief Minister defended the government’s move, stating that the intention was to ensure law and order and prevent unauthorized or potentially provocative gatherings in public spaces. However, the order quickly drew criticism from opposition parties and right-wing groups who accused the Congress government of selective targeting of Hindu organizations, especially the RSS (Rashtriya Swayamsevak Sangh).

Although the order did not explicitly mention the RSS, several political observers and BJP leaders alleged that it was designed to curb RSS activities and route marches. The controversy gained further traction after Minister Priyank Kharge, in a letter to the Chief Minister earlier this month, urged the government to ban RSS processions and drills in public spaces, citing “communal tension concerns.”

The High Court’s stay came after petitions were filed by Vinayak, president of Punahaschetana Seva Samsthe of Hubballi, Gangadharayya of We Care Foundation, Rajeev Malhar Kulkarni of Dharwad, and Uma Satyajit Chavan of Belagavi. The petitioners argued that the state order violated fundamental freedoms of assembly and speech guaranteed by the Constitution.

The single-judge bench, after hearing the petitioners’ counsel senior advocate Ashok Haranahalli, observed that the state’s order effectively criminalized any gathering of more than 10 people without permission, and thereby infringed upon basic democratic rights. The court issued notices to the Chief Secretary, Home Department Secretary, DGP, and Hubballi-Dharwad Police Commissioner, seeking responses before the next hearing.

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