BENGALURU — The Karnataka government has decided to file an appeal before a Division Bench of the High Court, challenging the interim stay on its order that made prior approval mandatory for conducting public events in public places and government-owned premises across the state.
The BJP has alleged that the order was issued to restrict the activities of the Rashtriya Swayamsevak Sangh (RSS) in Karnataka.
Chief Minister Siddaramaiah, speaking to the media on Tuesday in Bengaluru, said that the Dharwad Bench of the High Court had issued a stay order on the government’s directive. “We will file an appeal petition against the judgment,” CM Siddaramaiah stated.
Home Minister G. Parameshwara said that the government will challenge the court’s order before the Division Bench. “The court has issued a stay order, and the Chief Minister has given directions in this regard. We will go for an appeal before the Division Bench,” he said.
When asked whether the judgment was a setback for the government, Home Minister Parameshwara maintained that it was not. “The judgment has been delivered, and we are appealing against it,” he said.
In a setback to the Congress-led government in Karnataka, the High Court’s Dharwad Bench on Tuesday issued an interim stay on the government order that made prior approval from authorities mandatory for holding events in public and state-owned venues.
The government had issued the order recently following a letter from Minister for RDPR, IT and BT Priyank Kharge to Chief Minister Siddaramaiah, urging a ban on RSS activities in public places and government-owned premises across the state. The issue had also sparked a war of words between Congress and BJP leaders.
The Bench headed by Justice M. Nagaprasanna passed the interim order. The writ petition was filed by Punaschetana Seva Samsthe, an NGO, challenging the legality of the government order. The petition contended that the order, which deems gatherings of more than 10 persons illegal and mandates permission from authorities for holding foot marches or public events, is unconstitutional.
Senior counsel Ashok Harnalli, appearing for the petitioner, argued that the order issued by the Home Department violates both the law and the Constitution. He stated that prohibiting gatherings of more than 10 persons in parks, grounds, pools, and lakes is impermissible under law.
The order, he added, curtails the constitutional rights of citizens guaranteed under Article 19(1)(a) of the Indian Constitution. “At the very outset, it is evident that the order is unconstitutional,” he submitted.
The Bench observed that it is unclear what the government aims to achieve through such an order. The court also issued notices to the Home Department and the state government.
Meanwhile, the BJP’s Karnataka unit welcomed the interim stay issued by the High Court’s Dharwad Bench on Tuesday, describing it as a vindication of its stand against what it termed an “unconstitutional move” by the Congress-led government to curb freedom of assembly. — IANS
