New Delhi, April 11.
The Supreme Court on Tuesday upheld a September 22, 2022, Madras High Court order permitting the RSS to take out rallies at multiple places in Tamil Nadu under the condition that they would reimburse the cost of any damage to public property caused during the rallies.
The learned (single) judge (of the High Court) not only interpreted the relevant provisions but also imposed the necessary conditions, a bench led by V. Ramasubramanian said. The other judge on the bench was Pankaj Mithal.
The top court bench waived off data from the state government to show that there was tension when the outfit had earlier taken out such processions.
RSS victims, not the perpetrators during earlier rallies
“But the chart provided by the state government shows that the 13 members of the respondent organization were the victims in many of those cases and that they were not the perpetrators,” the top court said while refusing to place the chart in public domain due to “sensitivities” involved.
The single judge had ruled that the RSS could hold rallies on or before September 28, 2022, in the state provided no ill-will between communities and religious groups.
He had later modified his order to allow them to hold meetings and assemblies in indoors. The RSS functionaries went to the division bench.
HC division bench said that ideology of one organisation need not be acceptable to another
The High Court division bench said that the ideology of every organization or political outfit in the state need not be identical or acceptable to another.
“Just because, there are other outfits that have a different ideology, the permission sought cannot be denied. The decisions of the state must be in public interest rather than on ideology and political understanding and affiliation.”
The state government then filed an appeal against the order in the top court.
HC had told the RSS not to make inflammatory statements or offend religious sentiments
The High Court single judge had laid down that among other things those who participate in the program shall not for any reason talk or express anything in favour of organizations banned by Government of India.
“They should also not indulge in any act disturbing the sovereignty and integrity of our country.”
The program should be conducted without causing any hindrance to public or traffic, the High court had said. The participants shall not bring any stick, lathi or weapon that may cause injury to anyone.
The organizer(s) shall make adequate arrangements for drinking water and proper First Aid/Ambulance/Mobile Toilets/CCTV Cameras/ Fire Fighting equipments etc., in consultation with the Police/Civic/Local Bodies as directed by the police.
The procession shall proceed in any orderly manner along the sanctioned route keeping to the left and shall not halt on the way or cause impediment to the normal flow of traffic. The procession shall occupy only one-fourth of the road.
The organizer(s) shall keep sufficient volunteers to help the police for regulation of traffic and the participants. The organizer(s) of procession/rally shall be responsible for ensuring that the route permitted to them by the police authorities is strictly followed.
Only box type speakers should be used and output of the speakers should not exceed 15 watts ad within a radius of 30 meters only. Cone Speakers should not be used at any cost.
The processionists shall not any manner offend the sentiments of any religious, linguistics, cultural and other groups.
RSS would have to compensate for any public damage
An undertaking to reimburse the cost for any damage that may occur enroute to any public/private property and an undertaking to bear the compensation/replacement costs as well, to be awarded to any other institution/person, who may apply for the same.
If there is violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law, the High Court had said.
