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Karnataka High Court Reserves Verdict on State Appeal Over Order Requiring Permission for Public Gatherings

The case turns on whether an executive permission regime can override the constitutional right to assemble peacefully.

Overview

  • The Division Bench of Justices S. G. Pandit and Geetha K. B. reserved judgment on the government’s appeal against a single judge’s stay of the October 28 order.
  • The Home Department’s order labels assemblies of ten or more on government property as unlawful without prior approval, covering roads, parks, playgrounds and other public spaces.
  • Advocate-General Shashi Kiran Shetty argued the directive is an enabling measure for organised events like rallies and processions, with applications to be filed three days in advance.
  • Petitioners represented by Senior Advocate Ashok Haranahalli contended the order criminalises peaceful use of public spaces, requires legislation rather than an executive fiat, and intrudes on powers of magistrates and local bodies.
  • The Bench questioned treating any group of ten as automatically unlawful and noted the main petition before the single judge is slated for hearing on November 17, with reports also noting the order followed plans for RSS route marches.