The Madras High Court (HC) on Wednesday posed a question before the Tamil Nadu Police over their repeated refusal to grant permission for route marches led by the Rashtriya Swayamsevak Sangh (RSS), noting that the government had apparently been treating citizens as ‘enemies.’
During the hearing, the court drew parallels with Jammu and Kashmir, where the RSS has reportedly been permitted to hold similar marches despite the region’s history of terrorism and security threats. The court remarked, “If they (RSS) are able to have a march in a terrorist-infested place like Jammu and Kashmir, why is the Tamil Nadu police denying permission to them every year?”
The HC’s observations surfaced amid a continuing dispute over permission for public procession in the state, and expressed concern that organisations were repeatedly being forced to seek intervention of the judiciary to exercise their right to stage marches.
“Govt seeing citizens as enemies”: HC
Justice V Lakshminarayanan of the HC noted that the state had constantly been denying permission for processions organised by groups across the political and ideological spectrum, including the Dravidar Kazhagam and the RSS.
The HC bench noted that such refusals had been culminating in avoidable litigation, as organisations approached the judiciary after failing to secure a nod from the police. It remarked, “The government is seeing citizens as enemies. Whichever government is coming up, they're rejecting it.” The HC’s remarks also shed light on what it described as a recurring pattern, as successive governments allegedly refused permission for RSS route marches.
RSS had sought permission for marches in October, November
The matter stemmed from a petition filed by an RSS member named VG Jagadeesan, who sought directives from the HC requiring police to consider his representation and grant approval for the organisation to conduct route marches.
The petitioner proposed holding the marches on October 18, October 25 or November 1 this year, or on another suitable date provided by the authorities.
In the proposed events, the participants were set to feature in RSS uniforms, accompanied by a musical band, followed by a public meeting. As per the counsel representing the petitioner, the marches were aimed at marking the organisation’s foundation day.
Senior advocate NL Rajah, representing the petitioner, submitted that the RSS had repeatedly been denied permission every year, forcing it to opt for legal recourse to organise its processions.
TN Govt explains its position
Appearing for the state, Advocate General Vijaya Narayan informed the HC that permission had been denied as the RSS wanted to conduct a route march and public meeting at a location, which had not been designated for public gatherings. The state’s submission placed the dispute in the context of curbs governing the use of public spheres for organised events.
Rather than immediately resolving the matter through a final determination, the HC asked the petitioner’s counsel to call upon State Public Prosecutor John Sathyan and explore a possible resolution.