HC stays K'taka govt order on restricting use of public spaces for activities of pvt organisations

Bengaluru, Oct 28 (PTI) In a setback to the Siddaramaiah-led Congress government, the Karnataka High Court on Tuesday stayed the state's order mandating that private organisations obtain prior permission before holding any activities in government-owned spaces.

While the government order, issued earlier this month, did not specifically name RSS, the provisions of the order were said to be aimed at impacting the activities of the Hindu right wing organisation, including its route marches.

Justice M Nagaprasanna granted an interim stay on the directive and posted the matter to November 17.

Meanwhile, Chief Minister Siddaramaiah said he has directed officials to file an appeal against the single judge bench's stay.

"I have asked the officials to file an appeal before the division bench. The Dharwad bench (of HC) has given a stay order. We will appeal against this order," he told reporters here.

The petition challenging the government's order was filed by an organisation named Punashcetana Seva Samsthe, which argued that the decision curtailed citizens' constitutional rights to assembly and association.

Senior advocate Ashok Haranahalli, appearing on behalf of the petitioner, contended that the government's directive was an infringement on fundamental freedoms.

"The order mandates permission even for gatherings of more than ten people. This effectively criminalises lawful assemblies, even a small event in a public park," he said.

Noting that the learned AGA (government advocate) has sought time to file his statement of objections, the Judge said, "In view of the government order being violative of Article 13(2) of the Constitution, the government order and all consequential actions arising from it shall remain stayed till the next date of hearing." The judge then posted the matter to November 17 for further hearing.

As per the government order on October 18, permission to use government premises must be sought three days before a programme or event, and it will be applicable to any private association, society, trust, club, body of individuals or any other entity, whether registered or not.

Permission will be required for any procession or rally, which includes a congregation of over 10 persons, accompanied by music, having a common object to carry on a common movement or route march passing through a government property. However, marriage and funeral gatherings are exempted.

Government premises include land, building, road, park, playground, water body or any immovable property owned and managed by local authorities or administrative departments, boards, corporations etc.

The jurisdictional police commissioner or deputy commissioner will be the "competent authority" to issue permits.

The order was based on a recent Cabinet decision, prompted by Panchayat Raj and IT/BT Minister Priyank Kharge's letter to Chief Minister Siddaramaiah seeking a ban on RSS' activities in public places.

The opposition has also criticised the move, alleging that it was intended to curb the programmes and marches of the RSS.

State BJP President B Y Vijayendra termed the HC decision as a "set back" to the Congress government, and a "stay on its conspiracies". PTI COR KSU ROH