Madras High Court Questions State’s Refusal to Allow RSS Marches, Asks “What Is Your Fear?”
ASKING WHAT STATE HAS TO FEAR FROM RSS ROUTE MARCHES, Madras High Court Slams Tamil Nadu Government
The Madras High Court on Wednesday asked the Tamil Nadu government what it has to fear from route marches by Rashtriya Swayamsevak Sangh (RSS), bringing out ridicule on authorities refusing permission for processions proposed to be held by the outfit.
While hearing a plea by an RSS member seeking direction to the State to allow the RSS route marches planned for October 2023, the Court came down heavily on the State and its attitude towards allowing processions..
“What is your fear? Are you fearing…” Justice V Lakshminarayanan began to the Tamil Nadu Advocate General (AG) appearing for the State.
AG Vijay Narayan responding to the query by the judge said that if permission was granted to RSS, it would lead to huge deployment of police personnel and even the authorities would find it difficult to manage other duties during the festive season.
It was added that permission being granted for the processions would inconvenience public at large who would be out for shopping and attending to other duties.
However, the Court asked AG why the State couldn’t change its stance in granting permission when orders had gone in favour of RSS in the past.
“You come here year after year… Every year they (RSS) are coming (seeking permission for rallies), every year, court is granting. What is so exceptional for 2026?” the Court asked and then quipped when there has been violence during their marches.
The AG referred to past criminal cases in this regard. However, the judge wanted specific cases where RSS procession has led to violence.
“Where, sir? Where criminal cases on account of violence, you please tell me,” said Justice V Lakshminarayanan.
The Court furiously said that it seems as if the State was viewing citizens as its enemies.
“State is looking at citizens as enemies, what to do?”
“Increase, there has to be a change in attitude….Whichever government is in power, they are rejecting it,” said the judge later observing that every time the RSS has sought permission to hold rallies the government had denied the same.
“Why every time do you have to come (to court)…Pass a legislation saying no person will be entitled to take a procession or a march (If you are so dead against people protesting)… Why are you doing this? Unnecessary litigation. Or you want adverse publicity?” he asked the AG.
“The organisation…they say that their founding day is on that holy day. They want to have route march on that day. What is wrong with that?” the Court remarked.
Appearing for the petitioner, senior Advocate NL Rajah submitted that members of RSS themselves have been victims of violence during processions elsewhere.
On the issue of representations made by the petitioner challenging refusal of permission, Rajah said guideline procedures regarding conducting processions could not be said to be cast in stone. He added that authorities couldn’t simply reject applications and were supposed to ask for clarification from the applicants.
The senior counsel also took objection to mentions of mosques near the proposed routes in the orders rejecting permission. Rajah said these sorts of arguments did not become Tamil Nadu which was known for communal harmony.
It finally directed the petitioner’s counsel and three other counsels to meet State Public Prosecutor and try to see if objections raised by the government could be addressed. The matter was posted to October 15.
