Madras High Court Allows RSS To Hold Processions At 44 Places in Tamil Nadu On November 6; Imposes 11 Conditions

Previously, upon the State's submission that it had rejected permission for the procession for most locations in view of the Intelligence reports, the court had stated that it would pass orders after going through the intelligence reports which were submitted to the court in a sealed cover.

Justice GK Ilanthiraiyan today said the procession could be carried out in 44 locations, after perusing the sealed cover report. For six locations i.e., Nagercoil, Coimbatore city, Pollachi, Tirupur, Palladam, and Arumani, the court did not grant permission procession as it found "some materials".

"I have gone through the sealed cover report and not found any thing. I only found some scattered instances here and there that pertain to recent times. How is any of this connected to the Coimbatore blast?" the court asked.

The court gave liberty to RSS to approach the State Police with fresh representations to conduct a procession in the remaining six places after two months.

The court also directed the authorities to not precipitate the issue and make security arrangements for the processions accordingly. The authorities were to make arrangements for drinking water and proper First Aid/Ambulqance/Mobile Toilets/CCTV Cameras/Fire Fighting Equipments etc in consultation with the Police/Civic/Local Bodies as directed by the police.

The court directed the organization to conduct the proceeding in compounded premises such as Ground or Stadium. The participants were directed to go by their respective vehicles without causing any hindrance to the general public and traffic. Even during the programs, the participants were directed not to make adverse remarks against any of the individuals or the organisations banned by the Government.

The participants shall not bring any stick, lathi or weapon that may cause injury to any one.

During the program, nobody shall either sing songs or speak ill on any individuals, any caste, religion, etc.,...Those who participate in the program shall not for any reason talk or express anything in favour of organizations banned by Government of India. They should also not indulge in any act disturbing the sovereignty and integrity of our country.

The court also directed that the processionists to not offence the sentiments of any religious, linguistics, cultural and other groups and give an undertaking to reimburse the cost of any damage to the public/private property.

Previously, the State government had denied permission citing law and order problem with the recent ban on the PFI organisation. On Wednesday, the State submitted that in light of the recent Coimbatore blasts and the unavailability of police personnel due to incessant rains, the permission could not be granted.

Case Title: R Karthikeyan v. K Phanindra Reddy IAS

Citation: 2022 LiveLaw (Mad) 454

Case No: Contempt Petition No. 2111 of 2022