The Rashtriya Swayamsevak Sangh (RSS) has moved the Madras High Court with an application challenging the recent order of a single judge, which permitted its ‘route march’ and public meetings in auditoriums and open grounds alone.
The letter patent appeal (LPA) from G Subramaniam, also sought to punish the State government officials and the police personnel for not complying with the court’s earlier order directing them to grant permission to the RSS to take out the march on October 2. This included State Home Secretary, DGP, Greater Chennai Police Commissioner and the inspector attached to Korattur police station here.
Justice G K Ilanthiraiyan on November 4, among other things, had stipulated that the march and meetings should be conducted in compounded premises such as grounds or stadiums.
The order of the judge in the contempt petition modifying the original order passed on the writ petition, that too after dismissing the review petitions, is per se illegal and without jurisdiction conferred under the Contempt of
Courts Act, applicant contended.
The nature of modification of the order passed on the writ petition by exercising the non-existent power in contempt jurisdiction defeats the very definition of route march which was guaranteed and granted by a clear cut direction.
The judge had completely lost sight of the fact that demonstrations and agitations by other political parties in public places during the very same period were allowed. He had failed to attach any significance to the fact that the route march and public meeting took place as per the original schedule on October 2 in other places and States, even in Jammu & Kashmir. It was prevented only in Tamil Nadu.
RSS advocate B Rabu Manohar told PTI that over 40 similar appeals will be filed in the coming days.