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Madras HC allows RSS route marches on Oct 25 and Nov 1, directs police to grant permission

Chennai, Oct 16 (UNI) The Madras High Court on Friday allowed the Rashtriya Swayamsevak Sangh (RSS) to take out route marches in 128 locations across the state on October 25 and November one and directed the Tamil Nadu police to grant permission, while instructing them not to delay the process.
The orders were passed by Justice V.Lakshminarayan on a petition filed by RSS state secretary Jagadeesan seeking a direction to the police to grant permission to conduct marches at 128 locations across the state on October 18, 25 or November 1.
During the arguments, the State government said permission would be granted for the marches on October 25 and November 1. The RSS also assured the court that it would strictly comply with the guidelines laid down by the High Court.
The Judge observed that despite several orders of the High Court and Supreme Court, the State police had consistently relied on the same reasons to deny permission for the processions. "One thing must be said to the credit of the Tamil Nadu police. They have not come up with any novel reasons for rejection. They have consistently given the very reasons which this Court found as lame," he remarked.
The Court also directed the police not to prolong the matter and to coordinate with RSS organisers to finalise the timings and locations of the marches and subsequent public meetings by Monday, October 19.
Tracing the litigation to 2022, the Court referred to several earlier decisions recognising the organisation's right to conduct route marches, subject to lawful restrictions. It also referred to a 2023 ruling holding that public roads are secular spaces accessible to everyone irrespective of religion, caste or creed.
"It is a classic case of using a scalpel, not for the purpose of an operation, but to kill the patient on whom the operation is sought to be performed," the Court observed.
During today's hearing, Advocate General Vijay Narayan informed the Court that the State was agreeable to permitting the processions on October 25 and November 1, subject to modifications suggested by local police authorities depending on prevailing conditions. The RSS also furnished details of the proposed processions, including routes, organisers, participant numbers and venues for public meetings.
The Court directed that these details be annexed to its order to prevent subsequent disputes. It also recorded an undertaking by the RSS to comply with conditions imposed in earlier judicial proceedings. "The attitude of the police must not be that of Procrustes," the judge observed.
The Court emphasised that police authorities should attempt to process applications for approval rather than search for defects to reject them. It further urged RSS organisers to submit applications sufficiently in advance and expressed hope that such disputes would not continue to occupy judicial time.
Recording the submissions, the judge directed the police to grant permission for the marches and the public meetings by October 19. He also instructed the RSS to strictly adhere to the court’s guidelines.
The judge observed that, despite orders and guidelines issued by the High Court since 2022, the RSS had repeatedly been compelled to approach the court for permission to conduct its marches, likening the situation to the Vikramaditya and Vedhalam story.
Expressing hope that the police would not force the organisation to approach the court repeatedly in future by denying permission for its marches, the judge disposed of the petition.
During the earlier hearing on October 14, the Judge questioned the police for denying permission and asked why RSS rallies, which were allowed in Jammu and Kashmir facing terrorist threats, but not in Tamil Nadu, described as a peaceful state.
In his petition, Jagadeesan said an application had been submitted to the Director-General of Police seeking permission for the rallies. As no response was received, he approached the High Court seeking directions to the police to give nod for the events.
Senior counsel N.L. Rajah appearing for the petitioner, submitted that the High Court had directed the authorities to grant permission for RSS rallies every year, and that the Supreme Court had upheld the order. Despite this, permission continued to be denied, he contended.
Appearing for the police, Advocate General Vijay Narayan submitted that applications had to be filed at least 21 days in advance, whereas the request in the present case was submitted only on October 3. He also argued that the proposed routes included places of worship where permission could not be granted and that allowing rallies during the festival season could inconvenience the public.
The judge questioned why permission was being denied despite the earlier court directions. He observed that RSS rallies faced restrictions irrespective of which party was in power. However, under the present TVK government, permission was reportedly being denied to the Dravidar Kazhagam, the DMK, the AIADMK and the RSS, he noted.
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