A single-judge bench of Justice M Nagaprasanna heard the petition filed by the Punashthen Seva Sanstha of Hubballi. Senior advocate Ashok Haranahalli, representing the petitioner, argued that the government’s order requiring permission for gatherings of more than 10 people was a violation of the fundamental rights guaranteed by the Constitution
The court has issued a notice to the Karnataka Government seeking its response on the petition. Representational pic
The Dharwad bench of the Karnataka High Court (HC) on Tuesday issued an interim stay on the state’s order, which had declared gatherings of the Rashtriya Swayamsevak Sangh (RSS) in government premises with more than 10 people as illegal without prior permission, news agency ANI reported.
A single-judge bench of Justice M Nagaprasanna heard the petition filed by the Punashthen Seva Sanstha of Hubballi. Senior advocate Ashok Haranahalli, representing the petitioner, argued that the government’s order requiring permission for gatherings of more than 10 people was a violation of the fundamental rights guaranteed by the Constitution.
"The government has ordered that permission should be obtained for gatherings of more than 10 people. This is a restriction on the fundamental right provided for in the Constitution. Even if a party is held in a park, it is an illegal gathering as per the government order," Haranahalli argued during the hearing.
"The government cannot issue such an administrative order. Why is this rule needed when the Police Act is already in force?" Haranahalli further questioned.
The Karnataka HC bench, while hearing the case, asked, "Did the government want to achieve something else?"
The state government requested a day to present its arguments on the matter, reported ANI.
"One day should be given to argue," government lawyers stated.
After hearing both the sides, the court issued a notice to the Karnataka Government, the home department, the director general of police (DGP), and the Hubballi Police Commissioner, seeking their responses.
In its order, the bench observed that the Karnataka Government’s action had infringed upon the rights granted under Articles 19(1)(a) and 19(1)(b) of the Indian Constitution, which ensure the freedom of speech and the right to assemble peacefully.
The order issued by the HC stated, "Notice to the State Government, Home Department, Director General of Police, Hubballi Police Commissioner. The State Government's order dated October 18, 2025, has been challenged. The government order states that it is an offence if 10 people gather without permission."
"The entry to roads, parks, grounds, lakes, etc. has been restricted. The government has exercised the power under the Police Act through the order," the court added.
In its concluding statement, the bench said, "The government has taken away the rights granted under Article 19(1)(a) and (b) of the Constitution. The right granted by the Constitution cannot be taken away by a government order. Therefore, the court ordered that the government order has been stayed. Hearing adjourned.”
(With ANI inputs)
Subscribe today by clicking the link and stay updated with the latest news!" Click here!
