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Karnataka HC Stays State Order Curbing Gatherings on Government Premises

The Congress government plans to appeal, setting up a test of executive limits over assemblies on state land.

Overview

  • Justice M. Nagaprasanna of the Dharwad Bench issued an interim stay on the October 18 order and paused all consequential actions, with the next hearing set for November 17.
  • The court said the directive prima facie takes away rights under Articles 19(1)(a) and 19(1)(b) and cannot be imposed by executive order, noting concerns under Article 13(2).
  • The government order required prior permission for any gathering of 10 or more people on government or publicly funded premises and treated violations as unlawful assembly under the BNS.
  • Hubballi-based Punashchetana Seva Samsthe filed the petition, arguing that the Karnataka Police Act already provides the framework to regulate public assemblies.
  • Chief Minister Siddaramaiah said the state will move a division bench to challenge the stay, while BJP leaders argued the order was aimed at the RSS after Minister Priyank Kharge’s letter.