The Dharwad Bench of the Karnataka High Court has put an interim stay on the state government’s order that declared gatherings of more than ten people, including those by the Rashtriya Swayamsevak Sangh (RSS), illegal without prior permission in government premises.
The single-judge bench of Justice M Nagaprasanna heard a petition filed by Punashthen Seva Sanstha from Hubballi. Senior advocate Ashok Haranahalli, representing the petitioner, argued that the order was a violation of fundamental rights under the Constitution.
He said, “The government has ordered that permission must be obtained for gatherings of more than ten people. This is a restriction on the fundamental rights given by the Constitution. Even a small party in a park would be considered illegal as per this rule.”
Court Questions the Need for the Order
Justice Nagaprasanna questioned the government’s move, asking, “Did the government want to achieve something else?” The court also noted that such restrictions are unnecessary when the Police Act already exists to handle public gatherings.
The Karnataka government sought one day’s time to present its side of the argument. Following submissions from both parties, the High Court issued a notice to the State Government, the Home Department, the Director General of Police, and the Hubballi Police Commissioner.
Court Says Rights Cannot Be Taken Away by Govt Order
In its interim order, the High Court observed that the government’s directive took away citizens’ rights protected under Articles 19(1)(a) (freedom of speech and expression) and 19(1)(b) (right to peaceful assembly) of the Constitution.
The court said, “The right granted by the Constitution cannot be taken away by a government order.” It added that the state had restricted access to roads, parks, grounds, and lakes through the directive, which cannot be justified.
The High Court has stayed the government order dated 18 October 2025 and adjourned the hearing to a later date.
Inputs from agencies
The single-judge bench of Justice M Nagaprasanna heard a petition filed by Punashthen Seva Sanstha from Hubballi. Senior advocate Ashok Haranahalli, representing the petitioner, argued that the order was a violation of fundamental rights under the Constitution.
He said, “The government has ordered that permission must be obtained for gatherings of more than ten people. This is a restriction on the fundamental rights given by the Constitution. Even a small party in a park would be considered illegal as per this rule.”
Court Questions the Need for the Order
Justice Nagaprasanna questioned the government’s move, asking, “Did the government want to achieve something else?” The court also noted that such restrictions are unnecessary when the Police Act already exists to handle public gatherings.
The Karnataka government sought one day’s time to present its side of the argument. Following submissions from both parties, the High Court issued a notice to the State Government, the Home Department, the Director General of Police, and the Hubballi Police Commissioner.
Court Says Rights Cannot Be Taken Away by Govt Order
In its interim order, the High Court observed that the government’s directive took away citizens’ rights protected under Articles 19(1)(a) (freedom of speech and expression) and 19(1)(b) (right to peaceful assembly) of the Constitution.
The court said, “The right granted by the Constitution cannot be taken away by a government order.” It added that the state had restricted access to roads, parks, grounds, and lakes through the directive, which cannot be justified.
The High Court has stayed the government order dated 18 October 2025 and adjourned the hearing to a later date.
Inputs from agencies
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