RSS Appeals Before Madras High Court DB Against Single Bench Imposing Conditions Like 'Bring No Lathi' For Route March

The appellants submitted that the single judge was not justified in law to defeat the route march which was a constitutional right of the party. The organization contended that the single judge had modified the order in the writ petition to such an extent that the very definition of "route march" was defeated. The judge had failed to consider that the very definition of the word was not attracted if it is done indoors.

The appellant submitted that the single judge also lost sight of the fact that other demonstrations and agitations taken out by other political parties in public place during the very same period. Further, the single judge failed to take note that the route march and public meetings took place all over India except in Tamil Nadu without any untoward incident. Only in the state of Tamil Nadu, the State was opposing the route march citing law and order problem and their inability to give adequate protection which was an admission of the breakdown of Constitutional machinery.