Madras High Court asks TN police to grant permission for RSS route march; says protests, marches essential for healthy democracy

The Madras High Court Friday set aside a single-judge order from November 4 last year that had imposed conditions on a proposed state-wide route by the Rashtriya Swayamsevak Sangh (RSS) in Tamil Nadu [G Subramanian v K Phanindra Reddy]. .A bench of Justices R Mahadevan and Mohammed Shaffiq also directed the Tamil Nadu police to grant permission to the RSS for its march.The division bench set aside the November 4 order, which had asked the RSS to hold the march indoors or in an enclosed space. Consequently, it restored an order from September 22, 2022, which had directed the TN police to consider the RSS' representation seeking permission to conduct such march and a public meeting, and to grant them permission. The bench said that a democratic State must uphold the citizens' right to freedom of speech and expression. It also said that protests, route marches etc., by citizens are essential to "maintaining a healthy democracy." "We are of the view that Sate authorities must act in a manner that upholds citizens' freedom of speech and expression, which is a fundamental right guaranteed by the Constitution. The State's approach to a citizen's rights can never be adversarial in a welfare state," the bench said. The RSS had challenged the November 4 order which among other things, directed the RSS to conduct its route march in an enclosed space or indoors. The division bench had reserved its verdict on January 24 this year, on the batch of appeals filed by the RSS against that order..During the previous hearing, Senior Counsel NL Rajah, who appeared for the RSS, had argued that Tamil Nadu was the only State in the country where the RSS route march and public meeting had not taken place on October 2, because of the State government's opposition. Rajah had argued that public processions are an acceptable manner of expression of speech and had asked how a 'procession' could be held indoors? He had also pointed out that on September 22, the bench presided over by Justice GK Ilanthiraiyan had directed the State police to consider the representation made by the RSS for such route march and to grant them permission. The Court had subsequently asked for a security intelligence report from the State and noted that there were no apparent security threats at the time. On November 4, however, the same bench of Justice Ilanthiraiyan had imposed several conditions, including a direction to the RSS to conduct the march indoors or in an enclosed space. It was Rajah's argument that the November 4 order amounted to "modification" of the Court's earlier order and should not be condoned..The Tamil Nadu government had, however, argued that the RSS' petition was not maintainable, since the single-judge had already held that in refusing or modifying permission to the RSS, the State government had not committed any wilful disobedience, and no case for contempt court was made out. Senior Advocate NR Elango, who appeared for the TN government had argued that it was the duty of the State to maintain law and order and that included taking preventive steps. On Friday, the division bench of Justices Mahadevan and Shaffiq "set aside" the November 4 order, and "restored the order of September 22." It directed the RSS to give to the Tamil Nadu police, any three dates of its choice to hold such route march in the State. The bench said that the police then must "grant permission" for the march on any one of the three dates. The Court said that the appellants must follow strict discipline during the event, and that they must not resort to any provocation. It also directed the State government to make necessary security and traffic arrangements for the march.