Members of Rashtriya Swayamsevak Sangh (RSS) were victims and not perpetrators in cases registered post the ban on Popular Front of India (PFI), said the Supreme Court on Tuesday while turning down petitions filed by the Tamil Nadu government challenging the orders of the Madras High Court division bench allowing the RSS to go ahead with its route march in the state.
“…the main objection raised by the State before the High Court was that after the imposition of a ban order on another organization (PFI), law and order problems cropped up in certain places and that the same led to several cases being registered…But the Chart provided by the State Government shows that the members of the respondent organization were the victims in many of those cases and that they were not the perpetrators,” said a division bench of the top court headed by Justice V Ramasubramanian.
“Therefore, it is not possible for us to find fault with the order passed by the learned Judge either in the main writ petitions or in the review applications. Hence all the special leave petitions are liable to be dismissed,” said the bench also comprising Justice Pankaj Mithal.
The bench turned down the Tamil Nadu government’s contention that after the ban on PFI, a law and order situation could arise in the state if the march is allowed.
The verdict was reserved by the top court in pleas that had challenged Madras High Court’s September 22, 2022 order by which the single judge had directed the authorities to conduct their march and February 10, 2023 order in which the high court had noted that the state must uphold citizen’s right to freedom of speech and expression.
Senior Advocate Mukul Rohatgi appearing for the Tamil Nadu government contended that there cannot be a blanket mandamus on all route marches and that the Sangh did not have a vested right.
“There is no absolute right to hold a procession. It is subject to various restrictions in Part III of the Constitution,” said Rohatgi while also questioning how can there be an order or direction that marches can be held wherever desired so.
Senior Advocate Mahesh Jethmalani, appearing for the RSS, contended that the earlier three marches that were conducted by the organisation were peaceful.
He also added that although the state while restraining the Sangh from conducting marches had cited the law and order situation created by the Popular Front of India, there were no complaints against the RSS.
Read all the Latest India News here
Comments
0 comment