Justice M Nagaprasanna on October 28 stayed the notification on a writ petition from the non-profit Punaschetana Seva Samsthe in what was seen as a significant breather for RSS. The federal government motion appeared to curb the affect of RSS as it's celebrating its centenary yr with a sequence of occasions.
The division bench of justices SG Pandit and Geetha KB heard submissions by advocate normal Shashikiran Shetty and senior advocate Ashok Harnahalli, who appeared for the non-profit organisation.
Shetty defended the notification saying such restrictions have been already in place even in Cubbon Park in Bengaluru. The order, he argued, would serve the bigger public curiosity and wouldn't have an effect on the rights of residents. The federal government lawyer added that the federal government has not prohibited meeting of 10 or extra folks at public locations however solely made permission necessary.
Harnahalli stated Article 19(1)(b) of the Structure conferred upon the folks the precise to assemble peacefully at public locations. He questioned if cricket groups should search permission every single day to play cricket at public playgrounds because the staff dimension exceeded 10 members. The bench reserved its orders after listening to each side.
The state Cupboard on October 16 accepted a requirement from IT/BT minister Priyank Kharge and determined to impose the stated curbs. Justice Nagaprasanna granted interim aid to the petitioner on the grounds that the federal government was not competent to implement such a ban with an government order, and solely the legislature might accomplish that.
