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SC dismissed TN Govt’ appeal challenging Madras HC ruling on RSS route march


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New Delhi: Supreme Court in its order on Tuesday dismissed the appeal filed by the Tamil Nadu government challenging a Madras High Court order permitting the Rashtriya Swayamsevak Sangh (RSS) to carry out its route march in the state.

The order of the Apex Court is a big setback for the TN government.

A two-judge bench of the Supreme Court, headed by Justice V Ramasubramanian passed the order on an appeal filed by the TN government challenging the Madras HC order relating to RSS route march in the state.

“The SLP (Special Leave Petition) is dismissed,” the Supreme Court said in its order.

Senior Advocate and former Attorney General (AG) of India, Mukul Rohatgi, appearing for TN government, had told the SC that the TN government had denied permission for RSS route marches in six districts affected by

PFI and bomb blasts. He had told the Apex Court that rallies can be held in stadium of designated spaces.

“We took a call & said that in 6 districts we can’t have. The Single judge of the Madras High Court had accepted but the division bench of it had held that you (TN Govt) grant it, wherever they want,” Rohatgi had told the Supreme Court.

Tamil Nadu Government had on February 21, knocked the doors of the Supreme Court against the Madras High Court’s order of permitting RSS to conduct a route March. The Tamil Nadu Govt has sought a direction from the Supreme Court for staying the HC’s order.

Tamil Nadu Govt had moved the Supreme Court against the Madras High Court’s division bench order permitting the RSS to conduct a route March. The TN govt was seeking a direction from the Supreme Court for staying the HC’s order.

“Allowing such a march could cause law & order issue and problem. Action that has been initiated by the State is reasonable restriction to maintain public order,” the Tamil Nadu government’s petition filed before the Supreme Court said.

The two-judge bench of Justice R Mahadevan and Justice Mohammed Shaffiq, of the Madras High Court, had in its order allowed the RSS plea, and permitted it to conduct a route March.

While allowing the RSS to conduct a route march, the HC had noted that the State must uphold the citizens’ right to freedom of speech and expression.

The Madras HC court thus had directed the RSS to file fresh applications for carrying out the route march on three different dates and directed the Tamil Nadu police to permit the RSS to take out route marches on any of such dates in various districts across the State on public roads.

The Madras HC’s two-judge bench had permitted RSS members to take out a route march in their uniform led by a musical band throughout Tamil Nadu.

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