The Karnataka High Court on Thursday refused to lift a stay on a state government order that barred any unauthorised assembly of more than 10 people in public spaces such as roads, parks and playgrounds, Bar and Bench reported.
A bench of Justices SG Pandit and Geetha KB declined to interfere with the interim stay granted earlier by a single-judge bench. It asked the Congress-led state government to approach the single-judge bench if it wished to seek the stay’s withdrawal.
The October 18 government order was issued ahead of proposed Rashtriya Swayamsevak Sangh marches to mark its centenary.
The RSS is the parent body of the Bharatiya Janata Party which is in power at the Centre.
The order was challenged by two organisations and two individuals who argued that it violated their right to peaceful assembly.
On October 28, Justice M Nagaprasanna had stayed the order.
He had observed that though the government order was aimed at curbing unauthorised use of public property, it prima facie infringed upon the fundamental rights guaranteed under the Constitution of India, particularly the freedom of speech and expression and the freedom to assemble peacefully.
The single judge had added that fundamental rights cannot be taken away through a government directive in the absence of proper legislative backing. He proceeded to stay the order until a petition challenging the same is heard next.
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