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The Dharwad Bench of the Karnataka High Court has issued an interim stay on the state government’s order banning private organisations from using government owned or funded premises for their activities without obtaining prior permission.
A single-judge bench headed by Justice M Nagaprasanna passed the order on Tuesday, October 28 and will remain in force until the next hearing scheduled for November 17.
The petition had been filed by Punaschetana Seva Samsthe and was represented by senior advocate Ashok Harnahalli who argued that the government order was a restriction of the fundamental rights of citizens.
The Karnataka government issued an order on October 18, requiring private organisations to obtain permission from the relevant authorities conduct activities in gatherings of 10 more people on government premises such as playgrounds and parks, schools, colleges, universities, and other premises that were owned or funded by various government departments or authorities.
Violation of the order would be considered “trespass” and invite penal action, the order said. The order does not mention either the RSS or any other organisation by name.
Ashok Harnahalli argued that the order was a violation of the fundamental rights of people guaranteed by the Constitution.
“Even holding a laughter club in the park would be considered an illegal gathering as per the Government’s Order,” he said.
He also argued that the Karnataka Police Act already had provisions for such gatherings.
The order was issued amid objections raised by Minister Priyank Kharge in a letter to Chief Minister Siddaramaiah on October 4 against the RSS using government facilities for its route marches. The CM then ordered action on his letter and released a copy to the media on the same day that the RSS held 100 route marches in Bengaluru to commemorate its centenary.