The Supreme Court on April 11 upheld a decision of the Madras High Court that allowed the Rashtriya Swayamsevak Sangh(RSS) to conduct route marches in Tamil Nadu. The DMK led Tamil Nadu government had raised objections against these marches and had appealed to the Madras High Court. In a setback to the government, the High Court and now the Supreme Court have both rejected the objections of the state.
Court’s comments
The bench consisted of Justices V Ramasubramanian and Pankaj Mithal. The court said that it found nothing wrong in the order passed by the Madras High Court. The bench further said, “The main objection raised by the State before the High Court was that after the imposition of a ban order on another organization, law and order problems cropped up in certain places and the same led to several cases being registered”. The state had presented these cases before the court in a chart. The court observed that RSS members were victims in many of these registered cases and not perpetrators. Thus, it found no fault with the Madras High Court judgment.
What the state government said
The state government said that the reason for banning these marches was the threat to safety of RSS members after the central government banned the radical Popular Front of India(PFI). Safety of RSS cadre and leaders was cited as justification for prohibiting the marches.
Previously in the Madras High Court
After the state government banned the marches, petitions were filed in the High Court by RSS office bearers seeking removal of the ban. The single judge bench ruled in favor of petitioners. On appeal, a division bench was constituted which delivered the same judgment. It said that although the state had the authority to impose restrictions, it can not impose absolute prohibitions. Additionally, only reasonable restrictions can be imposed. It observed that the organization had the right to conduct peaceful meetings and processions in a public place.