The Madras High Court has raised concerns regarding the Tamil Nadu government’s consistent refusal to permit the Rashtriya Swayamsevak Sangh (RSS) to conduct route marches. During a hearing on Wednesday, the court highlighted that the RSS has been allowed to hold similar events in regions such as Jammu and Kashmir, which are known for security challenges.

Justice V Lakshminarayanan questioned the rationale behind denying permission in Tamil Nadu, stating, “If they (RSS) are able to have a march in a terrorist-infested place like Jammu and Kashmir, why is the Tamil Nadu police denying permission to them every year?” The court’s remarks came in response to a petition filed by RSS member VG Jagadeesan, who sought judicial intervention after facing repeated refusals from the state authorities.

Justice Lakshminarayanan expressed frustration at the government’s stance, suggesting that the authorities were treating citizens as adversaries rather than as participants in a democratic process. The court observed that the government’s approach towards public demonstrations appeared to be overly restrictive.

Justice Lakshminarayanan further noted that the refusal of permission for processions was not limited to the RSS but extended to other groups, including Dravidar Kazhagam. The court’s comments indicated a broader concern regarding the state’s handling of public gatherings and the implications for civil liberties.

Petition for Route Marches

The hearing addressed a petition that requested permission for the RSS to hold route marches on specific dates, including October 18, October 25, and November 1. The proposed events would feature participants in the organisation’s uniform, accompanied by a musical band, culminating in a public meeting.

Senior advocate NL Rajah, representing the petitioner, emphasised that the RSS had faced annual refusals, compelling them to seek legal recourse each time. Rajah argued that the organisation aimed to commemorate its founding day, which coincides with the Vijayadashmi celebration, through these marches.

He highlighted the challenges faced by smaller political groups that lack the resources to pursue legal action for similar permissions, questioning the fairness of the situation. “An organisation like the RSS is able to come to court and seek permission. But what about the smaller parties which do not have the wherewithal to come to court?” he asked.

The court’s inquiry into the state’s motives revealed a significant concern regarding the implications of denying such permissions on democratic processes and citizen engagement. The ongoing dialogue between the judiciary and the state government underscored the importance of balancing public order with the right to assembly.

State’s Justification for Denial

Advocate General Vijaya Narayan, representing the Tamil Nadu government, provided justification for the denial of permission. He stated that the government turned down the request because the organisers intended to hold the route march and public meeting at a location not designated as a venue for such gatherings. This reasoning raised questions about the criteria used by the government to assess the suitability of locations for public events.

After considering the arguments from both sides, the court directed the petitioners’ counsel to engage with State Public Prosecutor John Sathyan to explore potential solutions. The directive aimed to facilitate a peaceful resolution that would allow the proposed meeting to proceed without incident. The court also indicated its intention to monitor the situation closely.

The matter was adjourned to Thursday, with the court requesting the state to submit a report regarding the feasibility of allowing a peaceful procession. This development reflects the ongoing tension between governmental authority and civil rights, particularly in the context of public demonstrations.

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