Tamil Nadu moves Supreme Court against HC order allowing RSS route marches

Simultaneously, the HC also restored an earlier order dated September 22, 2022, by which the police were directed to grant permission for the march and public meeting stating that “it is within the fundamental right of the organisation to conduct such processions at public places including public roads and meetings as they are well within the constitutional scheme”.

The HC bench of Justices R Mahadevan and Mohammed Shaffiq said that “even though the state has the right to impose restrictions, it cannot prohibit them totally, but only impose reasonable restrictions”.

It said that “since the organisation has the right to conduct peaceful procession and meetings in public place, the state under the guise of new intelligence input, cannot seek to impose any condition which has the effect of perpetually infringing the fundamental rights of the organisation citing law and order problem, after the order passed in the writ petitions, which attained finality”.

Pointing out that “it is the duty of the state to maintain law and order”, the HC said “it is also the bounden duty of the state to provide adequate security to a lawful claim.