Bengaluru: TheKarnataka High Court on Sunday refused to grant permission for the Rashtriya Swayamsevak Sangh (RSS) rally scheduled to be held at Chittapur in Kalaburagi district, in connection with the organisation’s centenary celebrations. The court, however, directed the petitioners to submit a fresh application seeking permission for the event on another date.

The single-judge bench of Justice M.G.S. Kamal issued this direction while hearing a petition filed by Ashok Patil, the coordinator of the Chittapur RSS rally, challenging the Chittapur Tahsildar-cum-Executive Magistrate’s decision denying permission for the march. As a result, the rally planned for Sunday had to be postponed.

The court said that the petitioners should submit a new application to the Deputy Commissioner, the Executive Magistrate, and the police, specifying the route, time, and location of the rally. The authorities were directed to consider the application and take a suitable decision in accordance with the law. A report regarding the decision must be submitted to the court by October 24, the bench added, adjourning the hearing to that date.

The court noted that no law specifically allows rallies or processions in public places without prior permission and observed that the petitioners had failed to cite any provision mandating prior approval. The bench also mentioned that the December 29, 2021 government order cited by officials applied primarily to Bengaluru city, though its principles could be extended to other regions.

“While the right to assemble and protest peacefully is guaranteed under Articles 19(1)(b) and (d) of the Constitution, its exercise is subject to reasonable restrictions. Maintaining law and order is the state’s responsibility,” the bench said, emphasizing that authorities have the discretion to take rational decisions based on ground realities.

The case arose after the Chittapur Tahsildar denied permission for the RSS rally on October 19, citing that Bhima Army and Bharatiya Dalit Panthers had also sought permission to hold rallies on the same day and time. This, officials argued, could create a law and order problem. Patil then approached the High Court challenging the denial.

The petitioner’s counsel contended that “over 250 peaceful processions have been held across the state without incident,” urging the court to direct authorities to grant permission. However, Advocate General Shashikiran Shetty opposed the plea, stating that under the Karnataka Police Act, 1963, the authorities have powersto regulate public gatherings to maintain order. The High Court will hear the case again on October 24.