Refusing permission for RSS march citing mosques, churches along route is against secularism: Madras High Court

The Tamil Nadu government's decision to refuse permission to the Rashtriya Swayamsevak Sangh (RSS) to conduct a route march and public meetings in the State goes against the principle of secularism envisaged by the Constitution, the Madras High Court recently said..The observation was made by Justice G Jayachandran while directing the TN police to permit RSS to hold “route marches” across 35 locations in the State on October 22 and 29 this yeaIn his order of October 16, the single-judge noted that the State government had been sitting on the several representations made by RSS members and functionaries for such route march for almost a month. The State finally refused permission just before the petitioners approached the High Court. The broad reasons behind the State refusing permission included the existence of mosques and churches and a regional office of the DMK along some of the proposed routes and potential traffic congestion on some narrow roads, the Court noted..Such grounds, the Court held, could not be considered as valid ones for refusing permission..“The tenor of the rejection order certainly not in tune with secular or democratic way of governance. It is neither in obedience or compliance of the Hon'ble Supreme Court of India dictum. By citing the existence of the structures, place of worship of other religion or office of some organizations, which do not share the same ideology of RSS, the request of RSS to conduct procession and public meeting is rejected. This order is contrary to the principle of secularism which is the foundation of our Constitution of India,” the Court said..The Court accordingly allowed a batch of petitions filed by local and State-level members of the RSS seeking such permission.It however, directed the State authorities and the participants of the route march to ensure the route march and public meetings are held “peacefully.”.Senior Counsel G Rajagopalan, G Karthikeyan and NL Rajah and advocate Rabu Manohar appeared for the petitioner RSS members.Advocate General R Shunmugasundaram, Government advocate S Santosh, Advocate AG Shakeenaa, SPP and Senior Counsel Hasan Mohammed Jinnah and Government Advocate Udhaya Kumar appeared for the State government and TN Police..The same issue had come up before the Court in October last year when the RSS sought the State government's permission to carry out its march and public meetings at several locations across the State to mark Gandhi Jayanti and 75 years of India’s independence.However, the State government had refused permission citing intelligence reports anticipating law and order problems. The RSS had then approached the Madras High Court..On November 4 that year, a single-judge had given the RSS permission to conduct the march subject to certain conditions like restricting the march indoors or in enclosed spaces.On February 10, a division bench of the High Court had lifted these restrictions and emphasised the importance of protests in a healthy democracy..[Read Order]