NEW DELHI: The Supreme Court will consider on Monday the maintainability of pleas moved by Tamil Nadu challenging the Madras High Court's orders granting permission to the Rashtriya Swayamsevak Sangh (RSS) to conduct flag marches in various locations in the state.
A bench comprising Justices Surya Kant and Dipankar Datta listed the matter for Monday at the request of the state, that it will produce documents to show that the pleas are maintainable. During the hearing, the bench asked if there was an intra-court appeal available in the high court."If the single judge has committed an error, there is a forum available in the High Court itself. Can the Division Bench not correct the error of the Single Bench," the bench asked.
Tamil Nadu government was moving two Special Leave Petitions (SLPs) in the apex court against two single-bench orders passed by the Madurai Bench of the Madras High Court.
Sr. Adv. Kapil Sibal appearing for the State before the Apex Court said there is a difficulty in the matter due to a contempt case.
"The High Court is now deciding whether or not to allow people to hold processions," Sibal said, arguing that it is entirely malafide.
Notably, calling the state government incapable, the Madras High Court on Wednesday summoned the home secretary, DGP, and other officials to appear before it in a contempt case filed by RSS for disobeying the court's order and denying the organization permission to hold route marches across the state.
Tamil Nadu has been arguing that allowing flag marches of the right-wing organization could cause a law and order issue. It also stated that the action initiated by the state is a reasonable restriction for maintaining public order in the southern state.