Madras HC issues notice to TN govt over RSS’s plea to hold processions on Oct 2

RSS, in its submission to the court, mentioned that the police had the power only to regulate the processions and the department doesn't have the power to ban them.
RSS workers
RSS workers
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The Madras High Court on Monday, September 12, issued a notice to Tamil Nadu government seeking its response to a plea filed by the Rashtriya Swayamsevak Sangh (RSS) to carry out processions wearing its uniform along with a musical band throughout Tamil Nadu and to conduct public meetings on Gandhi Jayanti, October 2.  

The High Court was hearing a plea filed by Sivalingam, the president of the Sivakasi unit of the RSS, saying that he had applied for permission to conduct the procession, but the local police has not responded. The RSS has also sought permission from the State Home Secretary and the DGP to carry out similar processions in nine different locations including Chennai, Viluppuram, and Srivilliputhur. However, as they did not receive a response from the government and police department, RSS cadres moved the Madras High Court asking directions to permit the right-wing organization to carry out a procession. 

On September 12, Justice G K Ilanthiraiyan directed the Tamil Nadu State Home Secretary and the DGP to file their response to the permission, and posted the matter for further hearing on September 22. 

In court, Sivalingam's lawyer Rabu Manohar said that RSS is not a banned organisation, “it is a patriotic, nationalistic, and cultural organization,” he said, adding that the right-wing organisation is “patronised” by the majority of this country. 

The RSS, in its submission to the court, said that these processions are being permitted by the state governments all over India, including in Jammu & Kashmir. "It is unfortunate that only in Tamil Nadu, RSS was not permitted to conduct the procession, which would otherwise be a peaceful one. When the authorities have permission to carry out processions and hold public meetings with various other political parties and organizations, it would be ridiculous to deny the same to the RSS," the organisation told the High Court.

The RSS submitted to the court that the act of the police denying permission to conduct the procession is a violation of the fundamental rights provided in the Indian Constitution. It submitted that the police had the power only to regulate the processions and the department doesn't have the power to ban the processions. "The State owed the duty to regulate such processions and any unreasonable restrictions would grossly violate the fundamental rights guaranteed under the Constitution," the RSS contended.

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