RSS rally: Tamil Nadu says not total ban, tells SC will try to find solution

He pointed out that the march was scheduled for March 5 and urged the court to protect him for a few days.

“I will communicate to Mr (Mahesh) Jethmalani. We will work out a solution,” Rohatgi said. Stating that alternative routes can be looked into, he said, “The idea is not to prohibit absolutely. I have very clear instructions….. Your Lordships may take it up on March 17.”

Senior advocate Mahesh Jethmalani, who appeared for the RSS, said he has no problem if the state wanted more time. He pointed out that the programme will take time to get permission etc and it happening on March 5 is unlikely.

Jethmalani said the ground on which the DMK government in Tamil Nadu is preventing the rallies is that the Centre has banned the Popular Front of India (PFI) and so there is “danger to us”. “They are saying there is a danger to us because PFI, a terrorist organisation, was banned by the Centre. So they can’t control a terrorist organisation there. That’s why they want to ban our rallies.”

Rohatgi said, “I am not banning you. But it can’t be absolute.”

He said the state had some intelligence inputs. There are some border areas with disturbances where permission was not granted. Pointing out that blasts had occurred in Coimbator in the past, Rohatgi said the state therefore told the RSS not to conduct (its marches) in the open in disturbed areas.

Rohatgi said the state had provided a list of such areas to the HC.

Jethamalani responded, “What in your apprehension will be done to me?…. A terrorist organisation will stone you or commit acts of arson? So you can’t take out a procession. I will show that if they are doing it, you (State) have a right to protect me. It’s an abdication of your power and duty…. This can’t be a ground.”

He pointed out that all reasons cited to refuse permission for the march were incidents from before the PFI ban.

Jethmalani also pointed out instances of the state giving permission to other organisations to carry out protests and organise human chains, among others, and said these permissions were given without stipulating any condition. “For us, they say you can do it only in a stadium…your freedom of assembly is only for yourself,.” he argued. “That means you can walk. You are allowed to walk. It’s great courtesy of the government.”

The DMK government has moved the Supreme Court challenging the Madras HC order allowing the RSS to carry out route marches in the state.

On February 10, a division bench of the High Court had set aside a November 4, 2022 order by a single-judge bench, which had asked the Sangh to organise the march in “compounded premises such as [a] Ground or Stadium”. Simultaneously, the HC also restored an earlier order dated September 22, 2022, by which 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.