Bengaluru, 28 Oct

In a setback to the Siddaramaiah-led Congress government, Karnataka High Court on Tuesday stayed the State's order mandating that private organisations seek prior permission before holding any activities in government-owned spaces.

Although the government circular, issued earlier this month, did not name the Rashtriya Swayamsevak Sangh (RSS), it was widely seen as targeting the Hindu Right-wing organisation's route marches and public events.

Justice M Nagaprasanna granted an interim stay on the order and posted the matter for hearing on 17 November.

The High Court observed that the government cannot curtail rights guaranteed under Articles 19(1)(A) and 19(1)(B) of the Constitution, which protect freedom of speech and peaceful assembly, and held that a government order cannot override constitutional rights.

Chief Minister Siddaramaiah said he had directed officials to appeal the single-judge bench's stay.

The petition was filed by Punashchetana Seva Samsthe, which argued that the order curtailed citizens' constitutional rights to peaceful assembly. Senior advocate Ashok Haranahalli, appearing for the petitioner, said the directive "mandates permission even for gatherings of more than ten people," effectively criminalising lawful assemblies such as small events in public parks.

The government's 18 October order requires permission to be sought at least three days in advance for any private organisation, association, society, trust, or club — whether registered or not — wishing to hold events on government premises. These include land, buildings, roads, parks, playgrounds, water bodies, and any immovable property owned or managed by government departments, boards, or corporations.

The order also extends to rallies and processions involving over ten people, accompanied by music or moving along a common route. Marriage and funeral gatherings are exempt. The jurisdictional police commissioner or deputy commissioner has been designated as the competent authority to issue permits.

The move followed a recent Cabinet decision prompted by IT/BT and Panchayat Raj Minister Priyank Kharge's letter to the Chief Minister, urging a ban on RSS activities in public spaces.