Karnataka to appeal high court stay on order restricting RSS gatherings

Karnataka Chief Minister Siddaramaiah on Tuesday said that the state government will appeal against the Karnataka High Court’s interim stay on its order declaring gatherings of the Rashtriya Swayamsevak Sangh (RSS) with more than ten participants on government premises illegal without prior permission.

Speaking to reporters, the Chief Minister stated, “The Dharwad Bench has given an order of stay. We will appeal against this order in the Divisional Bench.” The government is preparing to file its appeal petition shortly, contending that the stay order is an interim measure and that the state’s directive was issued in the interest of maintaining order on government property.

The interim stay was granted by a single-judge bench of Justice M. Nagaprasanna while hearing a petition filed by Punashthen Seva Sanstha of Hubballi. The High Court observed that the government’s order infringed upon citizens’ fundamental rights under Articles 19(1)(a) and 19(1)(b) of the Constitution, which guarantee the freedom of speech and expression, and the right to peaceful assembly. The court stated that such constitutional rights cannot be restricted through an executive order.

In its order, the High Court noted that the government had invoked powers under the Police Act to restrict access to public spaces, including roads, parks, grounds, and lakes, and that the October 18, 2025 directive treated any gathering of more than ten persons without permission as an offence. The court ruled that the government’s order had effectively curtailed constitutionally guaranteed freedoms and, therefore, stayed its operation. The matter will be heard again on November 17.

Following the ruling, Leader of Opposition in the Legislative Council and BJP MLC Chalavadi Narayanaswamy welcomed the decision, describing it as a lesson for the government. Advocate Mallikarjun, representing the petitioners, stated that the court had found the order to be a violation of citizens’ rights.

If the stay is upheld, officials indicated that the government may adopt alternate measures to ensure public safety without infringing on fundamental rights. These could include the targeted use of provisions under the Code of Criminal Procedure and the Karnataka Police Act in specific circumstances, a transparent permission system for gatherings on government premises, and improved coordination between organisers and law enforcement agencies.

The state government maintains that it will continue to uphold law and order while respecting the constitutional rights of citizens.