The Madras High Court instructed the Tamil Nadu state government to grant permission to the Rashtriya Swayamsevak Sangh (RSS) to carry out route marches. The single-judge bench of Justice G Jayachandran observed that the Tamil Nadu state government went against the secular and constitutional principles in the state.

 

The writ petition was filed by an RSS member S Raja Desingu seeking permission to conduct the procession (Route March) wearing their Uniform (Dark olive brown trousers, white shirt, cap, belt, and black shoes) led by a Musical Band from near Vazhappady bus stand towards Cuddalore Road to Vazhappady Bus Stand towards Cuddalore Road (Via Sadiayappa Gounder Street, Thammampatty Road, Nallathambi Gounder Street, Vathi Padiayatchi Street, Ayya Gounder Street, Paruthi mandi) on 29.10.2023 between 04.00.p.m., and 8.00.p.m., and conduct a public meeting after the march.

Senior Counsel G Rajagopalan represented the RSS in this case. Advocate General R Shanmuga Sundaram, Government Advocate S Santhosh and Ms Shakeena represented the state government. State Public Prosecutor Hasan Mohammed Jinnah appeared for Tamil Nadu’s Director General of Police and other police officials in the areas where the permissions for route march were sought by the RSS.

The court 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 Madras High Court further said, “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 indicated that the Tamil Nadu state government is wilfully 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.”