Daijiworld Media Network - Dharwad

Dharwad, Oct 28: In a significant legal setback to the Karnataka Congress government, the Dharwad Bench of the high court has stayed the implementation of a controversial order requiring private organisations to seek prior permission before holding any event in government-owned spaces — a move widely seen as an attempt to restrict RSS-related activities.

The stay order, delivered by Justice Nagaprasanna, grants interim relief and pauses the state’s directive until the next hearing on November 17. The judge’s decision has been described as a major embarrassment for the Siddaramaiah-led government, which is now preparing to appeal.

Appearing for the petitioner, senior advocate Ashok Haranahalli argued that the government’s directive infringed upon citizens’ fundamental rights. “The government has ordered that permission must be obtained for gatherings of more than 10 people. This is a restriction on the fundamental right guaranteed by the Constitution. Even if a private party is held in a park, it would become an illegal gathering under this order,” Haranahalli told the court.

The petition was filed by Punashchaitanya Seva Samsthe, a private organisation which contended that the order violated the right of associations and individuals to hold lawful gatherings in public or semi-public places.

The Government Order (GO), issued earlier this month, introduced stringent regulations governing the use of public and government-owned properties. It stated that no private, social, or cultural organisation could conduct meetings, events, or cultural programmes in government schools, college grounds, or other institutional venues without written permission from the respective departmental heads.

District administrations were also directed to monitor compliance and to take action under the Karnataka Land Revenue Act and Education Act for any breaches.

Critics argued that the order’s real intent was to curtail activities of the Rashtriya Swayamsevak Sangh (RSS) and its affiliates, which often hold gatherings and training sessions in public educational spaces across Karnataka.

Defending the decision, parliamentary affairs minister H K Patil maintained that the order was administrative in nature and not aimed at any particular group. “There’s nothing specific about this organisation or that organisation,” Patil clarified. “Government or institutional properties will be used only with proper permission and for the right purpose. Any violation will be dealt with under existing laws,” he added.

Despite the government’s clarification, the High Court’s intervention has provided fresh political ammunition to the opposition. Reacting to the ruling, State BJP president B Y Vijayendra called it a 'big setback' for the Siddaramaiah government.

"Priyank Kharge has been talking about banning the RSS and similar organisations over the past few weeks. With this High Court judgment, the government must now remain silent — today, justice has prevailed,” Vijayendra said.

Meanwhile, chief minister Siddaramaiah confirmed that the government would appeal the Dharwad Bench’s interim order before a division bench of the high court, expressing confidence that the directive would be upheld once the state’s rationale was presented.