SC directs Tamil Nadu: Submit proposal for future RSS Marches; Contempt case stays open

SC directs Tamil Nadu: Submit proposal for future RSS Marches; Contempt case stays open

In response to the recurring denial of permission for route marches by the Rashtriya Swayamsevak Sangh (RSS) in Tamil Nadu, the Supreme Court has taken a decisive stance. Despite judicial orders, the RSS has faced obstacles in organizing route marches, prompting the Supreme Court to instruct the State and Tamil Nadu Police to submit a proposal to the High Court.

The proposal is expected to outline steps that authorities plan to take to ensure future permissions for RSS route marches, aiming to eliminate the need for continuous court intervention. However, the court chose not to terminate ongoing contempt proceedings against the state regarding non-compliance with previous directives. Instead, it excused the personal appearance of the officers involved in the contempt proceedings before the High Court.

The bench, comprised of Justice Surya Kant and Justice Dipankar Datta, handled Special Leave Petitions challenging Madras High Court orders granting permission for RSS route marches. The appeals were filed by the State of Tamil Nadu and the Director General of Police against permissions granted by both the Principal Bench and the Madurai Bench of the Madras High Court. Senior Advocates Kapil Sibal and N.R. Elango represented the State, while Senior Advocates Guru Krishna Kumar and Madhavi Divan appeared for the respondents.

During the recent hearing, Senior Advocate Kapil Sibal informed the court that the RSS had been allowed to conduct a Route March on November 19 in compliance with the previous order. Requesting the conclusion of contempt proceedings, Sibal argued that compliance had been achieved.

However, the court noted that the contempt proceedings had been initiated because the Route March could not take place on the specified dates, leading to a prima facie case for violating judicial orders. The RSS argued against closing the contempt proceedings, emphasizing the burden they face in seeking permission for peaceful and lawful route marches.

Considering the arguments presented and aiming to prevent future legal disputes, the Supreme Court instructed the State to present a proposal to the High Court. This proposal should outline measures to ensure that the RSS is granted permission for route marches without the need for court intervention, emphasizing fairness in the process.

Regarding ongoing contempt proceedings, the court expressed confidence in the High Court's ability to consider all developments, especially the forthcoming proposal from the petitioners. The court concluded the matter, disposing of the Special Leave Petition.

The RSS had initially approached the Madras High Court after the State denied permission for route marches on Vijaya Dashami. Despite a court notice and specific directives, the contempt petition argued that the respondents failed to comply with the High Court's judgment. The court stressed the importance of fairness in the process and urged the High Court to consider the proposed measures, aiming to avoid unnecessary litigation in the future.

Case: The Director General Of Police v. K.Chandrasekar & Connected Matter,

Petition(s) for Special Leave to Appeal (C) No(s).24161-24176/2023.

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