The Wire Staff 
New Delhi: Setting aside the November 4 order of its single judge, the Madras high court on Friday, February 11, allowed the Rashtriya Swayamsevak Sangh (RSS) to hold a route march in Tamil Nadu.
RSS had earlier sought permission to take out a march to commemorate the 75th year of Independence, the birth centenary of B.R. Ambedkar, and the Vijayadashami festival. However, the state government had denied them permission citing law and order concerns.
According to Hindustan Times, on November 4, 2022, a single judge bench of the Justice G.K. Ilanthariyan had imposed conditions on the RSS’s march, directing it to conduct the procession in enclosed premises such as a ground or a stadium. The court had also asked the participants not to bring any stick, lathi, or weapon that may cause injury to anyone.
The RSS challenged this order in the high court, claiming that it was per se illegal and without jurisdiction conferred under the Contempt of Courts Act.
Before that, on September 22, 2022, the court had directed the Tamil Nadu police to grant permission to the RSS to conduct the march and a public meeting.
Therefore, on Friday, a bench of Justices R. Mahadevan and Mohammed Shaffiq set aside the previous order of November 4, and restored the September 22 order, saying that protests are essential for a healthy democracy.
“The order dated November 4, 2022, passed in the contempt petitions, is set aside, and the order dated September 22, 2022, passed in the writ petitions stand restored and would be enforceable,” it said.
The bench also directed the RSS to approach the government with three different dates of their choice so that one of those may be chosen for the purpose of holding the route 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 as regarded one of the most sacrosanct and inviolable rights envisaged in our Constitution,” it said.
The court also noted that “as the dates on which the appellants wanted to conduct the route march, have passed, it is only appropriate that a direction be issued in this regard.” It further called upon the RSS to ensure strict discipline during the proposed march and that there was no provocation or incitement during it.
A day later, Akhila Bharatha Vazhakkaringargal Sangam (ABVS), which is affiliated to the Akhil Bharatiya Adhivakta Parishad, organised an event on Saturday, February 11, in Madurai, in which Justice R. Mahadevan was invited as the chief guest.
Akhil Bharatiya Adhivakta Parishad was inaugurated on September 7, 1992, by Dattopant Thengadi in New Delhi. Thengadi was a prominent RSS and Hindutva ideologue.