Bengaluru: The Karnataka High Court has stayed a government order that restricted gatherings of more than ten people in public spaces, effectively nullifying what was seen as an indirect ban on Rashtriya Swayamsevak Sangh (RSS) meetings. The Home Department had issued the order on October 18, declaring such assemblies unlawful and punishable under the Bharatiya Nyaya Sanhita (BNS) 2023.
Justice M. Nagaprasanna passed the interim order while hearing a petition filed by Punashchetana Seva Samaste, which challenged the government directive as unconstitutional. Senior Advocate Ashok Haranhalli argued that the order violated citizens’ rights under Article 19(1)(b), which guarantees freedom of peaceful assembly. He questioned how benign civic activities such as laughter clubs or walking groups could be treated as unlawful.
The government counsel sought time to respond, but the court observed that the order prima facie violated fundamental rights. The Bench stated that the government cannot restrict rights conferred under Chapter III of the Constitution through an executive directive. It noted that such curbs require a legislative framework, not administrative action.
The court remarked that the order directly infringed on freedoms of speech and assembly under Articles 19(1)(a) and (b). “If this order is allowed to stand, it would violate Article 13(2), which prohibits the State from making laws that take away fundamental rights,” the Bench said.
Granting interim relief, the court suspended the order and all related actions until November 17. The decision restores the legal standing for peaceful civic and organisational gatherings, including those linked to the RSS.
