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Karnataka High Court Makes Stay on Public-Assembly Curbs Universal, Sets December 15 Hearing

The court held that executive orders cannot abridge fundamental rights.

Overview

  • On November 17, Justice M. Nagaprasanna confirmed that the October 28 stay on the October 18 order restricting gatherings of ten or more in public places applies to everyone, not only the petitioners.
  • The court reiterated that freedoms under Article 19(1)(a) and 19(1)(b) cannot be curtailed by a Government Order in view of Article 13(2).
  • Advocate General K. Shashi Kiran Shetty’s plea to confine the stay to the HubballiDharwad petitioners was rejected, and time was granted to file objections.
  • The interim protection will continue until the next hearing scheduled for December 15.
  • A Division Bench dismissed the State’s appeal on November 6, noting the Single Judge’s findings are prima facie and that the merits will be decided at final hearing.