Madras HC Allows RSS To Conduct March, Says Tamil Nadu Govt Not Allowing It Is Contrary To Secularism

Madras HC has allowed the RSS to conduct its proposed route marches in the state of Tamil Nadu and said that the state government's decision to deny the permission for the same was against secularism.

In a big relief to the Rashtriya Swayamsevak Sangh (RSS), the Madras High Court has allowed it to conduct "route marches" across 35 locations in Tamil Nadu on October 22 and 29. Condemning the Tamil Nadu government's decision to not permit the marches because of the presence of religious structures like mosques and churches along the route, the court said it was against the principle of secularism envisaged by the Constitution, reported Bar and Bench.

A single-judge bench of Justice G Jayachandran directed the state police to permit RSS to hold "route marches" along the proposed routes. The court noted that the State government had been sitting on several representations made by RSS members and functionaries for such route march for almost a month. It said that the state government made its decision just before the petitioners approached the High Court, Bar and Bench stated.

The court further observed that prime reasons for declining permission for the marches included the existence of mosques and churches and a regional office of the DMK along some of the proposed routes and potential traffic congestion on certain roads.

The court held, as per Bar and Bench, that these reasons could not be considered valid ones for refusing permission.

"The tenor of the rejection order certainly not in tune with secular or democratic way of governance. It is neither in obedience or compliance of the Hon'ble Supreme Court of India dictum," the court order read.

"By citing the existence of the structures, place of worship of other religion or office of some organizations, which do not share the same ideology of RSS, the request of RSS to conduct procession and public meeting is rejected. This order is contrary to the principle of secularism which is the foundation of our Constitution of India," the court said, as quoted by Bar and Bench, and allowed a batch of pleas filed by local and State-level members of the RSS seeking such permission.

The court also directed the State authorities and the participants to ensure the route march and public meetings are held "peacefully."