The Karnataka High Court on Thursday, November 6 refused to lift the stay on the government order (GO) which restricted unauthorised assemblies of more than ten people in public spaces such as roads, parks, and playgrounds.
A division bench comprising Justices SG Pandit and KB Geetha dismissed the State’s appeal and upheld the single-judge order that had stayed the government’s directive. The court said the State was free to approach the single judge to seek vacation of the stay.
“It is open for the appellants to file an application for vacating the interim order, and if such an application is filed, we are sure that the single judge will consider it,” the bench said. The judges also questioned the logic behind the restrictions, asking, “If people wish to walk together, can that be stopped?” questioning whether a group of ten or more individuals could automatically be deemed unlawful.
The October 18 government order, issued by the Home Department, mandated that any private organisation, registered or unregistered, should obtain prior permission at least three days in advance for gatherings exceeding ten persons on government-maintained properties such as roads, playgrounds, schools, colleges, parks, and waterbodies. It also required prior approval for processions accompanied by music, though wedding and funeral gatherings were exempted. The order warned that violations would be treated as “unlawful assembly” under the Bharatiya Nyaya Samhita (BNS), empowering Police Commissioners or Deputy Commissioners to grant permits.
Although the order did not explicitly name the Rashtriya Swayamsevak Sangh (RSS), it was issued days before the organisation’s planned route marches to mark its centenary. The move came after IT Minister Priyank Kharge wrote to the Home Department urging a ban on RSS activities in public places, triggering strong criticism from the BJP, which accused the Congress government of “curbing democratic freedom”.
The order was challenged by Punashchetana Seva Samsthe and We Care Foundation, along with two individuals from Dharwad and Belagavi, who argued that it violated the right to peaceful assembly under Article 19(1)(b) of the Constitution.
Senior Advocate Ashok Haranahalli, representing the petitioners, told the court that the GO was so broad it could even criminalise casual gatherings. “Even a group playing cricket would need daily permission under this rule,” he argued.
Advocate-General Shashi Kiran Shetty, appearing for the State, defended the GO as an “enabling provision” aimed at preventing misuse of public property and maintaining order. He said the order was not meant to restrict informal gatherings but only to regulate organised events like rallies and protests.
The single-judge bench, in its earlier order dated October 28, had observed that the GO “prima facie takes away constitutional rights conferred upon citizens under Chapter III of the Constitution.” The division bench on Thursday agreed that the stay should remain until the single judge reconsiders the matter.
The main petition challenging the government order will be heard on November 17.