The Supreme Court on Monday asked the Tamil Nadu government to consider permitting the Rashtriya Swayamsevak Sangh (RSS) to conduct marches in various districts across the state on either November 19 or 26.
A bench comprising Justice Surya Kant and Justice Dipankar Datta urged the state to make a decision by November 15 regarding the routes proposed by the RSS, which should be submitted to the authorities within three days.
The top court passed this order on two petitions filed by the Tamil Nadu government challenging two orders from the Madras High Court that had directed the authorities to grant permission to the RSS for these marches. The bench observed that the RSS had committed to following the specified routes and declined to grant the state the liberty to determine whether one or two rallies would be allowed in each district.
During the hearing, senior advocate Kapil Sibal, representing the state government, mentioned that the previously proposed routes for the RSS marches on October 22 and 29 passed by several mosques, leading to concerns of potential clashes. Sibal, along with the state’s Additional Advocate General Amit Anand Tiwari, stated, “We wanted to avoid any confrontations. If they suggest alternative dates, we are open to granting them permission.”
Justice Datta responded to Sibal, saying, “The other day, you mentioned that high courts are now granting permissions for processions. Last year, the high court granted permission, and the matter reached the Supreme Court, which upheld the decision and issued a judgment.”
Senior advocate Mukul Rohatgi, also representing the state, proposed that permission could be granted for only one rally per district by the state, instead of allowing three rallies per district as requested by the RSS, with the flexibility to amend the proposed route. The bench commented that permitting only one rally per district would be overly indulgent, especially when the organization has already committed to following the police-prescribed route before the high court.
Rohatgi argued that the RSS should not be allowed to hold rallies every day and anywhere they desire, as it would create complications. The bench clarified that, for now, the RSS is seeking to conduct marches for only two days and not on a daily basis.
On October 16, the high court, while directing the authorities to grant permission for the marches, noted that the state government had initially denied permission by citing the presence of other structures and places of worship along the intended routes.
