Overview
- Rejecting the state’s appeal, a division bench of Justices S. G. Pandit and Geetha K. B. left intact the October 28 interim stay and declined to confine its effect to the petitioners.
- The October 18 order required prior permission for assemblies of more than 10 people on government property and treated violations as unlawful assembly under the Bharatiya Nyaya Samhita, with marriages and funerals exempt.
- The judges questioned whether groups of 10 or more could automatically be deemed unlawful and asked if people wishing to walk together could be stopped.
- Advocate-General Shashi Kiran Shetty called the directive an enabling measure focused on rallies and processions, while petitioners argued it infringes Article 19(1)(b) and improperly criminalises peaceful use of public spaces such as parks and playgrounds.
- The state can now apply to the single judge to vacate the stay, and the main petition challenging the order is listed for hearing on November 17.