The Supreme Court today rejected the appeal filed by the Tamil Nadu government against a Madras High Court judgment allowing Rashtriya Swayamsevak Sangh (RSS) to carry out with route march in the State.
The division bench of Justices V Ramasubramanian & Pankaj Mithal passed the verdict dismissing the State government’s appeal against the February 10 judgment of the High Court.
The order was passed on a plea moved by the Tamil Nadu government challenging Madras High Court orders permitting the Rashtriya Swayamsevak Sangh (RSS) to carry out its route march in Tamil Nadu on rescheduled dates without restrictions.
Earlier, the top court adjourned the case on a submission by the State of Tamil Nadu that the parties will discuss suitable routes to arrive at a solution.
In October 2022, the RSS sought the Tamil Nadu government’s permission to carry out its march in the State to mark ‘Azadi Ka Amrit Mahotsav’ & Gandhi Jayanti.
However, the State government refused, which led RSS to move a plea before the High Court for relief.
On November 4 that year, a single judge gave the RSS permission to conduct the march subject to certain conditions like restricting the march indoors or in enclosed spaces. On February 10, a division bench of the High Court lifted these restrictions and emphasized the importance of protests in a healthy democracy.
This led to the present appeal by State before the apex court.
Senior Advocates Mahesh Jethmalani, Guru Krishna Kumar, and Menaka Guruswamy appeared for RSS along with advocates Nachiketa Joshi, Archana Pathak Dave, Mugdha Pande, Santosh Kumar, and Praneet Pranav advocates. Senior Advocate Mukul Rohatgi appeared for the Tamil Nadu government.
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