The Madras High Court on Wednesday questioned the Tamil Nadu government's repeated refusal to allow the Rashtriya Swayamsevak Sangh (RSS) to hold route marches, pointing out that the organisation had been permitted to conduct such events even in Jammu and Kashmir.
"If they (RSS) is able to have a march in a terrorist infested place like Jammu and Kashmir, why is the Tamil Nadu police denying permission to them every year?" the court orally asked, as per LiveLaw.
Justice V Lakshminarayanan observed that the state government was refusing permission for processions organised by different groups, including the RSS and Dravidar Kazhagam, leaving them with no option but to approach the court.
According to Bar and Bench, Justice V Lakshminarayanan asked the Tamil Nadu Advocate General, “What is your fear? Are you fearing...?”
"This government is against any procession. They're denying permission for Dravidar Kazhagam and for RSS," the court orally remarked.
The court also criticised the government's approach towards public demonstrations, saying it appeared to treat citizens as adversaries. It further noted that RSS route marches continued to face rejection regardless of which government was in power.
"The government is seeing citizens as enemies. Whichever government is coming up, they're rejecting," the court orally further said as per LiveLaw.
RSS approaches court over October route marches
The observations came during the hearing of a petition filed by RSS member VG Jagadeesan. He sought directions to the police to consider his representation and grant permission for route marches on October 18, October 25, November 1, or any other dates.
The proposed marches would involve participants wearing the organisation's uniform, accompanied by a musical band, followed by a public meeting.
Appearing for the petitioner, senior advocate NL Rajah told the court that the organisation faced refusals every year and was repeatedly compelled to seek judicial intervention. He said the RSS wanted to mark its founding day, which coincides with the Vijayadashmi celebration, through a route march.
Rajah submitted that the police had denied permission on the grounds that the event could lead to law and order problems.
He also raised concerns about smaller political groups that may not have the resources to pursue legal proceedings to secure permission for similar events.
"An organisation like the RSS is able to come to court and seek permission. But what about the smaller parties which do not have the wherewithal to come to court?" Rajah asked.
State cites restrictions on public meeting venues
Advocate General Vijaya Narayan, representing the state, told the court that permission had been refused because the organisers wanted to hold a route march and public meeting at a location that had not been notified as a venue for public meetings.
After hearing both sides, the court asked the petitioners' counsel to meet State Public Prosecutor John Sathyan to work out a solution.
It directed five members representing the petitioner to meet the prosecutor and find a way to ensure that the proposed meeting could be held peacefully.
The court adjourned the matter to Thursday and asked the state to submit a report on allowing a peaceful procession.