In a significant setback to the Siddaramaiah-led Congress government in Karnataka, the Dharwad Bench of the High Court has stayed the state’s recent directive requiring private organizations to obtain prior written permission before holding events in government-owned spaces. The order aimed to restrict the activities of the Rashtriya Swayamsevak Sangh (RSS) and its affiliated cultural groups across the state. Justice Nagaprasanna granted an interim stay and scheduled the next hearing for November 17.
As per Swarajyamag, the petition challenging the directive was filed by Punashchaitanya Seva Samsthe, which argued that the government order infringed on constitutionally guaranteed rights to peaceful assembly and association. Senior advocate Ashok Haranahalli, appearing for the petitioner, pointed out that the order effectively criminalized even small informal gatherings. “The government has said gatherings of more than ten people require prior permission. Even a birthday celebration in a public park could be termed illegal under this rule,” he argued, calling it an unreasonable restriction on fundamental freedoms.
The stayed government order, issued earlier this month, laid out restrictive conditions on the use of public and government-owned properties, including school and college grounds, community halls, and institutional open spaces. It required that any organization intending to hold cultural, religious, or community activities must secure prior written permission from the heads of the respective institutions. District administrations were instructed to enforce compliance and initiate action under the Karnataka Land Revenue and Education Acts in case of any breach.
Although the state government attempted to portray the order as an administrative regulation, the political context left little room for doubt regarding its intent. Senior Congress leaders had openly spoken about curbing RSS shakhas and programs in Karnataka, making it evident that the directive was crafted and implemented with the specific objective of restricting RSS-linked social and cultural activities. The order was therefore widely perceived not as general governance but as a deliberate and ideologically motivated move to target and suppress Hindu organizations engaged in lawful community work.
The BJP welcomed the High Court’s interim stay. State BJP President B.Y. Vijayendra said the judgment delivered a “major setback to the Siddaramaiah government. For weeks, ministers had been discussing the banning of RSS and curtailing its social programs. The High Court has now reminded the government that constitutional freedoms cannot be curtailed at will,” he said.
Following the court’s stay, Chief Minister Siddaramaiah announced that the government intends to challenge the order before a Division Bench. The legal proceedings will now determine whether the government can enforce such restrictions on the use of public institutions by private organizations.
A Karnataka government official was suspended for attending an RSS event, sparking sharp criticism from the BJP. The party called the action unlawful and discriminatory and questioned why the Congress government targeted Hindu organizations while allowing events linked to Islamist groups to continue without scrutiny. BJP leaders demanded that the suspension be revoked and the state government issue an explanation.
The Hon’ble Karnataka High Court, Dharwad Bench, has stayed the State Government’s order restricting private activities in public spaces, roads, and government properties, an order that was widely issued without proper application of mind and with the clear intent to target RSS-linked programs.
The court’s intervention stands as a firm rebuke to the arbitrariness and prejudice underlying the directive, sending a strong message against the misuse of state power for political vendettas.
The larger question that now arises is this: if the government’s stated aim was to regulate all religious or social gatherings, why were similar restrictions not imposed on organizations linked to Islamist groups or student fronts known for political mobilization? Why was the order applied only in contexts where RSS shakhas, cultural programs, and service activities take place? While Minister Priyank Kharge repeatedly spoke about controlling RSS events, no such scrutiny or notices were issued to PFI-linked networks, SFI units, or other ideological groups operating in public spaces. This selective enforcement makes it evident that the directive was not about maintaining law and order but a targeted move aimed at restraining Hindu organizations under the guise of administrative discipline.
