HC directs police to allow RSS rally in Tamil Nadu, but not on October 2

The Madras high court on Friday directed Tamil Nadu police to grant permission to RSS for a march across 49 locations on November 6 and threatened to initiate contempt action against authorities if they violated the order.

The Madras high court on Friday directed Tamil Nadu police to grant permission to Rashtriya Swayamsevak Sangh (RSS) for a march across 49 locations on November 6 and threatened to initiate contempt action against authorities if they violated the order.

The Madras high court had earlier given its nod to the RSS rally, with certain riders.

The state government on Thursday had declined to grant permission for the march – initially scheduled for October 2 – even as a single judge bench of the court on September 22 gave its nod, with certain riders. October 2 is the birth anniversary of Mahatma Gandhi.

The government refused to allow the march citing law-and-order concerns, in the wake of recent violence which erupted after the National Investigation Agency (NIA) raided the now-banned Popular Front of India (PFI) on September 22 and 27 and arrested several of its members.

Justice G K Ilanthiraiyan, who had passed the order on the rally last month, was listening to a contempt of court petition by R Karthikeyan, joint secretary of RSS’s Thiruvallur unit, on Friday when it directed the state government and police to give permission and inform the court about the same by October 31.

In his petition, Karthikeyan pointed out that denial of permission to hold the march was against the high court order.

If no decision is taken or permission is not given, the court will take up the contempt application and proceed to pass orders, the judge warned.

“Your concern is with regard to October 2, which happens to be Gandhi Jayanthi day. In that case, the event can be allowed to take place on November 6,” the judge said.

Earlier, state public prosecutor Hasan Mohammed Jinnah had informed the judge that about 52,000 police personnel were on the roads after September 22 to protect the life and liberty of citizens due to issues such as NIA raids, petrol bomb attacks and ban on PFI.

Multiple petrol bomb attacks were reported in the state against Bharatiya Janata Party and RSS members following the crackdown against the PFI.

Senior advocate G Rajagopalan and advocate B Rabu Manohar, who represented the RSS, cited a Supreme Court ruling to say that law and order problems can never be a reason to deny permission. The top court had made it clear it was for the authorities to maintain law and order, they said.

Senior counsel S Prabakaran, who also appeared for the RSS, said the organisation need not suffer because of the ban on PFI. “Our submission was that when a high court has given a positive direction, how can an inspector of police not follow it…they are unable to obey a court order,” advocate Manohar said, referring to the September 22 order.

Representing the state, senior advocate NR Elango said the government received intelligence inputs from the Centre on possible law and order problems in view of the series of action against the PFI.

The lives of the members of the general public is foremost important and the state cannot take any risk on their safety, Elango said.

The counsel, however, said police were willing to grant permission on any other day other than Gandhi Jayanthi on October 2.

After the RSS presented four alternative dates, the judge directed the police to grant permission on November 6 and adjourned the contempt petition to October 31.

Before suggesting the alternate date, the judge concurred with the state government on the security situation, saying he was watching the ground reality and alleged threat due to the action against PFI.

Earlier in the day, justice Ilanthiraiyan reserved orders on a petition filed by Thol Thirumavalan, MP and head of Viduthalai Chiruthaigal Katchi’s (VCK), to recall the September 22 order on the march.

VCK, an ally of the ruling Dravida Munnetra Kazhagam (DMK), had sought permission for a “social harmony” human chain, as a way of opposing the RSS march on October 2, which was also rejected by the government.

The court suggested Thirumavalavan approach the Supreme Court with his plea. The top court is the right forum to deal with the issue, the judge said, when the writ petition from the Lok Sabha member came up for hearing.

Thirumavalan, who met Tamil Nadu directorate general of police (DGP) Sylendra Babu later in the day, said: “The DGP said he would discuss with his department and let us know.”

“There is an agenda behind the RSS selecting October 2 for their march,” he alleged.

The state government had filed a petition on September 27 for a review of the order on September 22.