On Monday, October 16 the Madras High Court directed the Tamil Nadu state government to give permission to the Rashtriya Swayamsevak Sangh (RSS) to carry out its procession march. Justice G Jayachandran, a single-judge bench, noted that the state government had acted against the secular and constitutional principles.
The writ petition was initiated by an RSS member named S Raja Desingu, who was seeking permission to conduct a procession, complete with their distinctive uniform (comprising dark olive brown trousers, white shirt, cap, belt, and black shoes), led by a musical band. This procession was to take place from the vicinity of the Vazhappady bus stand to Cuddalore Road via various streets, including Sadiayappa Gounder Street, Thammampatty Road, Nallathambi Gounder Street, Vathi Padiayatchi Street, Ayya Gounder Street, and Paruthi Mandi on October 29, 2023, between 4:00 p.m. and 8:00 p.m. Following the procession, a public meeting was to be conducted.
The RSS was represented by Senior Counsel G Rajagopalan in this case, while Advocate General R Shanmuga Sundaram, Government Advocate S Santhosh, and Ms. Shakeena represented the state government. State Public Prosecutor Hasan Mohammed Jinnah appeared on behalf of the Director General of Police for Tamil Nadu and other police officials responsible for the areas where the RSS sought permission for the route march.
The court in its ruling said, “Considering the questionnaires and the reason stated by the State Administration for rejecting the representations, it is broadly on the ground that, (i). There are Mosques and Churches in the procession route. (ii). There is a possibility of traffic congestion since there are narrow roads. At the same time, the procession on the National Highway road is also shown as a reason for rejection. (iii). In one of the rejection orders, it is stated that the applicant has not disclosed the existence of the Dravidar Kazhagam Office in the procession route.”
The honorable Madras High Court further observed, “Invariably, in almost all the rejection orders, the requests made by the V.C.K. Party and Thamizhar Vazhvurimai Kazhagam, to conduct meeting and procession during the said period is also shown as one of the reasons for rejection. Some of the earlier untoward incidents leading to the registration of criminal cases are also mentioned. The chart provided by the learned Advocate General, which was annexed to the judgment, are lame reasons, to say the least. The State to circumvent or defy the mandate of the Hon’ble Supreme Court order to deny permission to the Organization to conduct a rally democratically had listed out reasons and it only exposes the inability of the State machinery.”
The court further strongly observed that the Tamil Nadu state government is willfully opposing the RSS route march. The court observed, “The rejection order passed subsequently clearly shows that the State has no intention to permit this Organization to conduct the Rally on 22.10.2023 or 29.10.2023. The reasons stated in their rejection order are not pertinent to the inconvenience of the State to provide protection particular date or time but on the general reasons which will always be in existence at all point in the entire 365 days of the year.”
The court further said, “In a few of the rejection orders, it is stated that Devar Jayanthi is to be conducted on 30.10.2023, therefore, mobilization of the Force to the Southern part of the State is required. Whereas, in the Writ Petitions, this Court finds the Organizers of RSS from the Southern District had sought permission to conduct Procession/meeting only on 22.10.2023, which is about 8 days earlier than the Devar Jayanthi. Hence, this reason does not appear to be genuine or reasonable.”
Justice G. Jayachandran’s bench deemed the justifications presented by the Advocate General on behalf of the state as “lame”.
“The chart provided by the learned Advocate General, which annexed to the judgment, are lame reasons to say the least. The State to circumvent or defy the mandate of Hon’ble Supreme Court order to deny permission to the Organization to conduct rally in a democratic manner had listed out reasons and it only exposes the inability of the State machinery“, the Court held in the Judgment.
The Court further declared that the State’s rejection orders did not align with the principles of secular and democratic governance.
Specifically, the Court addressed the DMK government’s objection concerning the presence of Mosques and Churches along the procession route, stating, “The rejection of the RSS’s procession and public meeting request based on the existence of these structures, places of worship of different religions, or offices of organizations with differing ideologies is inconsistent with the fundamental principle of Secularism, upon which the Indian Constitution is built.”
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