The Supreme Court on March 1 agreed to hear on Friday, March 3, an appeal by the Tamil Nadu government against a Madras High Court decision allowing the Rashtriya Swayamsevak Sangh (RSS) to take out a route march across Tamil Nadu to commemorate the 75th year of Independence, the birth centenary of Bharat Ratna B. R. Ambedkar and Vijayadasami festival.
Appearing before a Bench led by Chief Justice of India D.Y. Chandrachud, senior advocate Mukul Rohatgi and advocate Joseph Aristotle, for Tamil Nadu, said there are severe security issues involved which may pose a danger to the route march participants, especially in six districts.
"We told them you can meet in compounds, etc., but they want to march across the State," Mr. Rohatgi submitted.
"We will list it on Friday," Chief Justice Chandrachud said.
A Madras High Court Division Bench had set aside a November 2022 order of a Single Judge imposing conditions on the proposed march.
"We are of the view that the State authorities must act in a manner to uphold the fundamental right to freedom of speech, expression and assembly regarded as one of the most sacrosanct and inviolable rights envisaged in our Constitution," a Division Bench of the High Court had reasoned in its order early in February.
In its appeal to the top court, Mr. Rohatgi said the State has the authority to reasonably restrict freedoms in the public interest to maintain law and order.
“The State’s approach towards citizens’ right can never be adversarial in a welfare State and it must be considered for granting permission for peaceful rallies, protest, processions or meeting so as to maintain a healthy democracy where the constitution reigns supreme and the fundamental rights of citizens are placed at a lofty pedestal,” the High Court had observed.
