SC directs TN Govt to Submit Proposal Before Madras HC On Allowing Future RSS path-sanchalans Without Court Intervention

New Delhi. Supreme Court (on 20.11.2023) directed the State of Tamil Nadu to submit a proposal to the Madras High Court on how it will ensure that the Rashtriya Swayamsevak Sangh will be permitted to conduct route marches in the state in the future without seeking the intervention of the court.

A bench of Justice Surya Kant and Justice Dipankar Datta directed that the High Court must consider such a proposal only after inviting objections/suggestions from the RSS as well. Apex Court said this will avoid unnecessary litigation in the future.

Earlier this month, the State of Tamil Nadu had agreed before the Apex Court that it would allow the Rashtriya Swayamsevak Sangh to hold marches in various districts across the state either on November 19^th or 26^th. The Court accordingly asked RSS to submit the proposed routes to the State authorities within three days and the State to take a decision on the routes by November 15^th.

Senior Adv. Kapil Sibal appearing for the State of Tamil Nadu, informed the Court that permission was granted to conduct route marches across all districts on 19^th November.

The Apex Court has been hearing Special Leave Petitions filed by the State against the Madras High Court orders directing the police authorities to grant permission to the Rashtriya Swayamsevak Sangh to carry out route marches in the State. Two recent orders of the Madras High Court have been challenged before the Apex Court. One passed by a single bench of Justice G Jayachandran on 16^th October and another order passed on 18^th October by a single bench of Justice G Ilangovan of the Madurai Bench of the Madras High Court.

“You are not required to go to the court every time. Getting court orders, then compliance with the orders.. every time.. why should it be like this? Both sides unnecessarily waste their time and the court’s time also, which could be spent on some other pending cases.. If they (State) come out with a proposal subject to your acceptance (RSS) which can regulate future events, then you will also probably not press contempt in the future, since you are not against any particular individual” Justice Surya Kant said to the counsel for the Respondent.