Karnataka High Court gives a blow to Siddaramaiah government, stays order against RSS

Bengaluru:  In a major blow to the Karnataka Congress government, a bench of the Dharwad High Court has put an interim stay on a government order (GO) that mandated private organizations to obtain prior permission before holding any activity on government premises. The court announced its decision, stating that the next hearing in the case will be on November 17.

What did the court say?

A single bench of Justice Nagaprasanna stayed the government order and ruled that the rule would not be enforceable for the time being. The court stated that directing private organizations to obtain permission before conducting social or cultural activities on government premises could exceed constitutional rights.

This order was seen by many as an indirect ban on the activities of the Rashtriya Swayamsevak Sangh (RSS). Now, with the court's interim stay, the order will no longer be in effect until the next hearing.

Petition of Pashchayatanya Seva Sansthan

This government order was challenged in court by the Punaschaitanya Seva Sanstha. The organization argued that this government action violates the rights of private organizations to conduct legitimate and democratic activities. The petition stated that under Article 19 of the Constitution, all citizens and organizations have the right to freedom of expression and peaceful association. Such orders restrict these rights and are against democratic traditions.

What was the government order?

The Karnataka government had issued a government order (GO) earlier this month, stating that no private or social organisation can organise events in government schools, college campuses or other public institutions unless written permission is obtained from the concerned head of the department.

Government Order Faces Backlash

The government stated that this step was taken to prevent misuse of government properties and maintain administrative control. The order also stated that the district administration was responsible for ensuring compliance under the Karnataka Land Revenue Act and the Education Act, and that any violations would be prosecuted.

Government's stand

Karnataka Parliamentary Affairs Minister H.K. Patil had previously clarified that the order was not aimed at any particular organization. He stated that it was not directed against any single organization or group. Government or institutional properties can only be used with proper permission and for the right purpose. Any violations will be dealt with under existing laws.

The government also argued that in recent months, complaints had been received about the holding of political and religious events in several government premises, raising questions about administrative impartiality.

The way forward

The case will now be heard on November 17th to determine whether the order is constitutionally valid. Currently, the court's directive has provided relief to private organizations, allowing them to hold events on government premises, provided they do not violate any other regulations.