The Dharwad Bench of the Karnataka High Court on Tuesday put an interim stay on the Siddaramaiah government’s controversial order that required private organisations to seek permission before conducting gatherings of more than ten people in government premises — a directive widely viewed as targeting Rashtriya Swayamsevak Sangh (RSS) activities.
The order, issued on October 18, 2025, declared any such assembly without prior approval as illegal. The High Court’s single-judge bench of Justice M. Nagaprasanna issued the stay while hearing a petition filed by Punashthen Seva Sanstha, a Hubballi-based organisation.
What did the petitioners argue?
Appearing for the petitioner, senior advocate Ashok Haranahalli argued that the government’s directive was unconstitutional and violated fundamental rights guaranteed under Articles 19(1)(a) and 19(1)(b) of the Indian Constitution — which protect freedom of speech and peaceful assembly.
“The government has ordered that permission should be obtained for gatherings of more than 10 people. This is a restriction on the fundamental right provided for in the Constitution. Even if a party is held in a park, it is an illegal gathering as per the government order,” Haranahalli said during the hearing.
He further contended that the directive lacked legal standing since the Police Act already governs public order and assembly.
“The government cannot issue such an administrative order. Why is this rule needed when the Police Act is in force?” Haranahalli asked, suggesting that the move may have been politically motivated.
How did the Karnataka HC respond?
The High Court questioned the state’s intent behind issuing such a sweeping order, with Justice Nagaprasanna pointedly asking, “Did the government want to achieve something else?”
Government counsel sought one day to present its argument, to which the court agreed, scheduling the next hearing for November 17.
In the meantime, the court issued notices to the Karnataka government, the Home Department, the Director General of Police (DGP), and the Hubballi Police Commissioner.
What did the Karnataka High Court say in its order?
In its interim order, the court observed that the state’s directive effectively stripped citizens of rights guaranteed by the Constitution.
“The government has taken away the right granted under Article 19(1)(a), (b) of the Constitution. The right granted by the Constitution cannot be taken away by a government order,” the bench noted.
The order further criticised the government for overreaching its powers: “Entry to roads, parks, grounds, lakes, etc., has been restricted. The government has exercised the power under the Police Act through the order,” the court said.
The stay means that the state government’s directive will remain suspended until further orders from the court.
Why is the order seen as targeting the RSS?
Although the government did not explicitly name any organisation, the directive was widely interpreted as an attempt to restrict RSS shakhas and other affiliated gatherings that often take place in public parks and grounds. The issue has sparked political controversy in Karnataka, with opposition leaders accusing the state of “misusing administrative powers for political ends.”
The High Court’s stay now sets the stage for a larger legal and political debate over the limits of executive power and the constitutional right to peaceful assembly in India.
