A strong interim reprimand has been given by the Dharwad bench of the Karnataka High Court to a recent state government order that, in effect, stultified assembly right. This order of the State Government banned the public gathering of more than ten people, which was termed as ‘unlawful assembly’ in the new criminal code.
This was issued prior to the RSS route march scheduled. An interim stay was granted on the said direction by a single-judge bench upon a petition that contended the all-encompassing restrictions as atrociously infringing fundamental rights.
The court observed that the government order seems to prima facie infringe Articles 19(1)(a) and 19(1)(b) of the Constitution, which guarantees free speech and expression and the right to assemble peacefully to a citizen, respectively. The judicial involvement halts the attempt of the government to wide repression over gathering in public places throughout the state.
Constitutional Rights And State Power
The essence of the court ruling is to weigh constitutional rights with what appears to be the exercise of public nuisance powers by the state.
The very wide-ranging order of the state was questioned as one that had grown arbitrary in defining even innocuous instances of assemble-men- to-wit; a small gathering of people in a public park-as an illegal assembly.
The stay granted by the High Court has reaffirmed the position that fundamental rights, such as the freedom to assemble, cannot be suspended by an administrative edict that is unreasonable and lacking particulars for justification.
The court has virtually put into question the necessity for such a stringent blanket measure in a situation where the available police mechanisms for restoration of law and order exist.
Legal Challenge To Gathering Ban
In the original petition, the case against the government mandate asserted that an administrative order cannot subdue the core guarantees conferred by the Constitution.
It was argued that a ruling that would consider any gathering with more than ten people, unless permission were obtained priorly, as automatically “unlawful” is overly sweeping and patently unreasonable.
Especially in regard to the upcoming RSS march in Chittapur, the order was seen by its critics as a deliberate effort to curb certain groups’ political and social actions.
The stay, while interim in nature, brings protection to various organizations; therefore, the right to Path Sanchalan (route march) and other forms of peaceful public expression shall be secured until the adjudication of this matter proceeds in a full-length way.
A recent media graduate, Bhumi Vashisht is currently making a significant contribution as a committed content writer. She brings new ideas to the media sector and is an expert at creating strategic content and captivating tales, having working in the field from past four months.
