RSS ‘Ban’ Row: Congress led Karnataka Govt Gets HC Slap.

Karnataka High Court Deals Significant Blow to State Government’s Attempt to Restrict Public Gatherings in an intention to Stop RSS  Route March. 

B Upendran | HENB | Bengaluru | Nov 6, 2025:: In a landmark judgment, the Karnataka High Court has dismissed the state government’s appeal against a stay on a government order that required private organizations to seek prior permission before conducting activities on government-owned premises. The order, which was perceived as targeting the Rashtriya Swayamsevak Sangh (RSS), has been a contentious issue since its inception.

Background of the Case

The controversy began when the Congress-led Karnataka government issued a notification restricting gatherings and processions in public places, particularly around government institutions. The move was widely interpreted as an indirect attempt to curb RSS activities such as path sanchalans (marches) and training sessions. The RSS had planned to conduct route marches across the state to mark its centenary celebrations.

The matter had came at the center of a controversy after writing a letter by Karnataka minister Priyank Kharge to Chief Minister Siddaramaiah, urging him to impose a ban on all Rashtriya Swayamsevak Sangh (RSS) activities in government institutions and public premises across the state. Kharge alleged that the RSS has been conducting its ‘shakhas’ in government and government-aided schools, as well as on public grounds, where “slogans are shouted and negative ideas are instilled in the minds of children and youth”.

The Single-Judge Bench Stay

A single-judge bench of the High Court stayed the order, calling it unconstitutional and an overreach of executive power. The bench observed that the order prima facie infringed upon fundamental rights guaranteed under Article 19, which guarantees freedom of assembly and association. The court noted that the government’s order was an attempt to take away the rights of citizens without legislative backing.

The Division Bench Decision

The division bench, comprising Justices S.G. Pandit and Geetha K.B., upheld the stay, directing the government to approach the single-judge bench to seek vacation of the stay. The court emphasized that fundamental rights cannot be taken away through a government directive without proper legislative backing. The bench questioned whether gatherings of 10 or more individuals could automatically be deemed “unlawful,” suggesting that the government’s order might be overly broad.

Government’s Argument

The state government, represented by Advocate General Shashi Kiran Shetty, argued that the order was aimed at maintaining law and order and protecting government property. Shetty maintained that the government had the right to regulate public spaces and ensure that they are used appropriately. He cited the example of Cubbon Park, where certain rules and regulations are in place to maintain public order.

Opposition’s Argument

Senior advocate Ashok Haranahalli, appearing for the respondents, argued that the government’s order was a direct assault on civil liberties. He contended that public parks and grounds should not be treated as government-owned restricted zones, as they are meant for public use and recreation. Haranahalli emphasized that the government’s order would require citizens to seek permission for even small gatherings, which would be an unreasonable restriction on their fundamental rights.

Implications of the Judgment

The Karnataka High Court’s decision has significant implications for freedom of assembly and association in the state. The court’s refusal to lift the stay on the government order suggests that the judiciary is keen to protect citizens’ rights and ensure that the government does not overstep its authority. The judgment also highlights the importance of legislative backing for government orders that may impact fundamental rights.

Reaction to the Judgment

The BJP has criticized the government’s move, alleging that it was intended to curb the programs and marches of the RSS. Minister Priyank Kharge’s letter to Chief Minister Siddaramaiah seeking a ban on RSS activities in public places had sparked controversy, with many accusing the government of targeting a specific organization.

100 years of RSS and Congress

The Karnataka High Court’s decision is a significant setback for the state government, which had been trying to restrict public gatherings and processions. The court’s judgment upholds the fundamental rights of citizens and emphasizes the importance of protecting civil liberties. As the matter continues to be heard by the single-judge bench, it remains to be seen how the government will respond to the court’s observations and directions.

As the nation celebrates the RSS centenary with programs throughout the coming year, the Congress-led government in Karnataka and central party leadership are launching a scathing attack on the organization through ill-conceived propaganda.
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_Inputs from News9 Live.