Madras HC directs police to grant permission for RSS route marches on public roads

Justices R. Mahadevan and Mohammed Shaffiq direct TN Police to grant permission for RSS route marches on public roads in more than 40 places across Tamil Nadu

Observing that the State, under the guise of intelligence inputs, cannot prevent outfits with different ideologies from exercising their fundamental right to speech and expression, the Madras High Court on February 10, 2023 directed the police to grant permission for Rashtriya Swayamsevak Sangh (RSS) route marches on public roads in more than 40 places in Tamil Nadu.

Justices R. Mahadevan and Mohammed Shaffiq allowed a batch of Letters Patent Appeals (LPAs) preferred by the district level office-bearers of RSS and quashed an order passed by a single judge of the High Court on November 4, 2022 directing the organisers to confine the route marches within grounds or stadiums or any other premises with compound walls.

Disagreeing with the single judge, the Division Bench wondered how ‘route marches,’ which by definition were meant to be taken out only on public roads, could be ordered to be confined within four walls. It said, every lawful organisation enjoys a right to take out processions and hold meetings at public places as those activities were within the constitutional scheme.

“We are of the view that the State authorities must act in a manner to uphold the fundamental right to freedom of speech, expression and assembly as regarded one of the most sacrosanct and inviolable rights envisaged in our Constitution. The State’s approach towards citizens’ right can never be adversarial in a welfare State,” the judges wrote.

The decisions of the State must be in public interest and not on the basis of ideology, political understanding or affiliation, the Bench said and directed the appellants to approach the jurisdictional police officers with three different dates for the conduct of the route marches and ordered that the authorities must grant permission on one of those three dates.

The organisers were ordered to ensure strict discipline and that there was no provocation or incitement on their part. The State, on the other hand, was directed to take adequate safety measures and make traffic arrangements to ensure the processions, followed by public meetings, take place peacefully.

The Division Bench pointed out that the single judge had actually issued a positive direction to the police on September 22, 2022 to grant permission for the route marches and meetings on public roads. Yet, the police denied permission without preferring any appeal against his verdict. This had forced the organisers to file contempt of court petitions.