Karnataka HC Slams Congress Govt Order: Why It Violates Fundamental Rights

The bench headed by Justice M. Nagaprasanna made this observation while hearing a petition filed by Punashchetana Seva Samsthe and extended the interim stay on the order until the next hearing on December 15. The court also declined the government's request to confine the interim stay only to the petitioner.

The Karnataka High Court further clarified that the interim stay it had issued on October 28 — stopping the government from enforcing its order that banned gatherings of ten or more people for peaceful civic, social, or cultural activities — will apply to everyone, not just the people who filed the petition in court.

The court noted that its earlier interim order — which has now been upheld by a higher bench — was issued because the Government Order violated the Fundamental Rights under Article 19(1)(a) and 19(1)(b) of the Constitution (freedom of speech and expression, and freedom to assemble peacefully).

Under Article 13(2), fundamental rights can only be restricted by a law passed by the legislature, not through a simple Government Order, the court underlined.

As the Government Order is violative of the Constitution, it cannot be paused only for the petitioners while still applying to everyone else. If it violates Fundamental Rights, it becomes invalid for all, not just a few, the bench stated.

The court further asked the prosecution to file objections to the petition. The Advocate General Shashi Kiran Shetty sought four weeks for the filing of objections. Considering the plea, the court listed the matter for hearing on December 15. The court further stated that the interim stay order shall continue till the next date of hearing.

The Advocate General Shashi Kiran Shetty had earlier submitted to limit the interim stay order to the petitioner.

The High Court’s Dharwad Bench on October 28 issued an interim stay on the government order that made prior approval from authorities mandatory for holding events in public and state-owned venues.

The government had issued the order recently following a letter from Minister for RDPR, IT and BT Priyank Kharge to Chief Minister Siddaramaiah, urging a ban on Rashtriya Swayamsevak Sangh (RSS) activities in public places and government-owned premises across the state. The issue had also sparked a war of words between Congress and BJP leaders.

The bench headed by Justice M. Nagaprasanna passed the interim order in this regard. The writ petition was filed by Punaschetana Seva Samsthe, an NGO, challenging the legality of the government order.

The petition contended that the order, which deems gatherings of more than 10 persons illegal and mandates permission from authorities for holding foot marches or public events, is unconstitutional.

- IANS