‘Should not hurt sentiments of religious groups or others’: Madras High Court gives nod to RSS rally

They are also prohibited from bringing any stick, lathi, or weapon that might cause injury to anyone.

The court also said participants of the march should not — in any manner — offend the sentiments of any religious, linguistic, cultural, and other groups, warning that the programme should not create any hindrance to the public or traffic.

Many unhappy with court order

Several political leaders in the state have expressed unhappiness over the Madras High Court order, as they believed that the RSS’ aim was to disrupt the peace and harmony in Tamil Nadu.

For instance, Congress MP Jothimani took to Twitter and said: “It is unfortunate that the High Court has allowed the RSS ideology that assassinated Mahatma Gandhi to take out a procession on his birth anniversary. We must firmly oppose any attempt to disrupt the peace, unity and harmony of Tamil Nadu.”

Reflecting similar views, MLA MH Jawahirullah, who founded the Manithaneya Makkal Katchi (MMK) that is now allied with the ruling DMK, asked the state government to challenge the order of the high court.

Naam Tamilar Katchi chief Seeman raised a similar demand.

ஆர்.எஸ்.எஸ். பேரணிக்கு அனுமதி வழங்கியிருக்கும் உயர் நீதிமன்றத்தின் தீர்ப்புக்கெதிராக, உச்ச நீதிமன்றத்தில் தமிழ்நாடு அரசு மேல்முறையீடு செய்ய வேண்டும்!https://t.co/RvMrZWLBXO@CMOTamilnadu @mkstalin pic.twitter.com/vum2TM2el8

— சீமான் (@SeemanOfficial) September 23, 2022

Plea of the RSS

The RSS decided to take out a route march on 2 October across 50 locations in the state followed by a public meeting in order to celebrate the 75th year of Indian Independence, the birth centenary of BR Ambedkar, and Vijayadashami.

The day also marks the birth anniversary of the Father of the Nation, Mahatma Gandhi, which interestingly was not mentioned in the petition filed by the organisation.

The planned procession would be led by a musical band, and the volunteers would be wearing the RSS uniform (Dark Olive Green trousers, White Shirt, Cap, Belt and Black Shoes).

According to the petition filed by the RSS office-bearers, an application seeking permission for their march was submitted to the police on 25 August. However, they claimed that they received no response from the police until the date of filing the petition in court.

In its plea, the RSS stated that it was not a banned organisation. “In other words, the RSS is a patriotic, nationalistic and cultural organisation patronised by the majority people of our nation,” the petition copy read.

Picture of an RSS procession led by a musical band. (Credit: Facebook/RSS)

It also pointed out that its procession was being permitted by the respective state governments all over India, including Jammu and Kashmir.

“It is unfortunate that only in our state (Tamil Nadu), the respondents (state government and police) are not giving permission to conduct the procession which is done in a peaceful manner,” RSS said.

The RSS also accused the police of acting in a prejudiced manner as permissions were granted to other political parties and organisations to conduct public meetings or processions. The delay by the police in giving permission was a gross violation of fundamental rights, argued the ideological parent of the BJP.

Additionally, it cited earlier orders of the high court holding that the police have the power to control and regulate processions, but had no power to forbid or ban them.

Hasan Mohammed Jinnah, the state public prosecutor, stated during the course of the hearing that the police had not passed any orders on the applications given by the office-bearers of RSS because some of them had not mentioned the exact route for the march, and also because the police department had to take into consideration other aspects, such as the Grama Sabha meetings that are slated to take place in all village panchayats on 2 October in view of Gandhi Jayanti.

Details of the court order

Citing a Supreme Court order, the Madras High Court noted that “holding peaceful demonstration by the citizen in order to air grievances and to ensure that these grievances are heard in the relevant quarters, is its fundamental right. This right is specifically enshrined under Article 19 (1) (a) and 19 (1) (b) of the Constitution of India”.

In view of the earlier orders passed by the apex court and the high court, Justice GK Ilanthiraiyan found it appropriate to direct the government and the police department to grant permission to the RSS for conducting the procession subject to the conditions it laid down.

Apart from the conditions mentioned earlier, the court also directed that the procession should proceed in an 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; it should occupy only one-fourth of the road; the organiser(s) of procession/rally shall be responsible for ensuring that the route permitted to them by the police authorities is strictly followed.

Further, the court said that an undertaking should be given to “reimburse the cost for any damage that may occur to any public/private property and an undertaking to bear the compensation/replacement costs as well, if are to be awarded to any other institution/person, who may apply for the same”.

If any one of the conditions were to be violated, the concerned police officer was at liberty to take the necessary action as per law, the court added.

‘Court conditions won’t affect us’

RSS Swayamsevak and Tamil Nadu BJP state secretary SG Suryah told South First that the court conditions would not affect the procession in any way.

“I have been part of such processions for around ten years now. Whatever the court has mentioned — not to offend the sentiments of any religious or other groups etc — all this has never happened during these processions. The only slogan we raise is ‘Bharat Mata ki jai’. Though we carry sticks during the procession in other states, in Tamil Nadu we have not been doing that. So, the conditions laid down by the court is not going to affect us in any way,” he said.

Asked if the move to carry out the procession in 50 places across Tamil Nadu was part of the RSS’ plans to expand in the state, Suryah, while admitting that it was indeed a large-scale event planned by the organisation, stated that there was no need to politically read into it.

He also rubbished the criticism against the RSS for holding the procession on the occasion of Gandhi Jayanti.

“Every year we select a date around the time of our Foundation Day to carry out the procession. That aside, comments made by a few political leaders are just for the sake of political criticism. The RSS had no role in Mahatma Gandhi’s assassination, and we have been freed of all charges,” Suryah claimed.

Nathuram Godse, the assassin of Mahatma Gandhi, was a member of the RSS and the Hindu Mahasabha.