NEW DELHI: The Tamil Nadu government has moved the Supreme Court against the Madras High Court's order of allowing the Rashtriya Swayamsevak Sangh (RSS) to take out its route march in Tamil Nadu on rescheduled dates.
The Madras HC in its order dated February 10 while allowing RSS to conduct its march had noted that the State must uphold the citizens' right to freedom of speech and expression.
The court while directing the RSS to file fresh applications to carry out the March had observed that protests are essential for a healthy democracy. “Since the organization has the right to conduct peaceful procession and meetings in public place, the State under the guise of new intelligence input, cannot seek to impose any condition which has the effect of perpetually banning or infringing the fundamental rights of the organization citing law and order problem, after the order passed in the writ petitions, which attained finality."
The top court added, "We have already held that it is the duty of the State to maintain law and order situation. It is also the bounden duty of the State to provide adequate security to a lawful claim and to ensure that the fundamental rights guaranteed under the Constitution are not abridged. That apart, the ideology of every organization or political outfit in the State need not be identical or acceptable to another. Just because other outfits have a different ideology, the permission sought cannot be denied.”
The State in the plea has argued that allowing such a march 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.