Setback For Siddaramaiah As Karnataka HC Stays Order Mandating Prior Nod For Private Events On Govt Premises

The Karnataka High Court temporarily suspended the state government's order requiring prior permission for private events on government premises.

The directive, issued earlier by the Congress-led Karnataka government, was widely seen as a measure to restrict RSS-linked events and other private gatherings on public property.

Source : Website

In a major legal reprieve for private organisations, the Dharwad Bench of the Karnataka High Court has stayed the state government’s order that required prior permission before conducting events or activities on government premises. The interim order, passed by Justice M. Nagaprasanna, will remain in effect until the next hearing on November 17.

The directive, issued earlier by the Congress-led Karnataka government, was widely seen as a measure to restrict RSS-linked events and other private gatherings on public property.

Setback For Siddaramaiah? 

The stay was granted in response to a petition filed by Punashchaitanya Seva Samsthe, which argued that the government circular violated the constitutional rights of private entities to organise lawful programmes, as per a report on India Today. The petitioner contended that the directive imposed unreasonable and arbitrary restrictions on the freedoms of association and expression guaranteed under the Constitution.

Senior advocate Ashok Harnalli, representing the petitioner, contended that the order violates both statutory provisions and the fundamental rights guaranteed under Article 19(1)(a) of the Constitution, which upholds freedom of speech and expression. “At the very outset, it is evident that the order is unconstitutional,” he submitted, as per IANS.

Justice M Nagaprasanna, presiding over the single-judge bench, granted an interim stay on the order and questioned the government’s rationale, observing that its purpose was unclear. The state government’s counsel sought a week’s time to present its case, following which the court issued notices to the Home Department and the state government. The matter will be heard again on November 17. The directive, issued by the Home Department after a cabinet meeting on October 16, was widely seen as an attempt to restrict RSS-linked activities, though the organization was not mentioned by name.