CHENNAI: A division bench of Madras High Court consisting of Justices R Mahadevan and Mohammed Shaffiq on Friday directed Tamil Nadu Police to grant permission for the RSS route march in the State.
While allowing letters of patent appeals filed by RSS functionaries challenging a single judge’s order restricting the event within the ‘compounded premises’, the bench directed grant of permission to the route march and instructed the appellants to file fresh applications with the concerned authorities of the Police.
The bench also has said the State has to protect freedom of speech.
The RSS functionaries, aggrieved over Justice GK Ilanthiraian’s order restricting the route march within compounded premises, filed the appeals seeking to quash the order and permit them to hold the march.
During the final arguments on the matters, senior counsel NL Raja blamed the State government for trying to “stamp out” the RSS through discriminatory order.
He further stated that the order of the court, already passed by the single judge granting permission, was not obeyed by the government, leaving the majesty of the court in question.
So the court shall summon the Police SPs to the court and make them apologise, he wanted.
Another senior counsel G Rajagopalan said the government cannot adopt a “double standard”. On the one hand, they say the State remains to be peaceful but on the other, they reject permission to the route march citing perceived law and order issues.
He blamed the government for misusing the State power. Countering their contentions, senior counsel NR Elango, representing the TN govt, said the government’s duty is to maintain peace, law and order and stated that no permission was granted to hold rallies but only to demonstrations in the intervening period.
Affirming that the government is willing to consider the applications for holding the route march “if they are ready to hold the event within the compounded premises” and the “atmosphere is conducive”, he said the government wants to "protect everybody’s religious beliefs".
He also said RSS itself had given up holding the event on Nov. 6 after the court order.
Elango also contended that the appeals against the single judge’s order under the Letters Patent Act is not maintainable since the writ matter is purposefully involved in the criminal jurisdiction, for which, they cannot prefer the appeal in the High Court.