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RSS march in TN | Tamil Nadu govt. files special leave petition against Madras HC order, SC lists case for March 27

Updated - March 17, 2023 02:53 pm IST

Published - March 17, 2023 01:34 pm IST - NEW DELHI

The State has filed a special leave petition against a September 22, 2022 order of the Single Judge of the Madras High Court allowing RSS to conduct route marches

Representational file image of Rashtriya Swayamsevak Sangh (RSS) volunteers taking out a march. | Photo Credit: B. Jothi Ramalingam

The Tamil Nadu government in the Supreme Court on March 17 suggested more reflection on proposed Rashtriya Swayamsevak Sangh (RSS) route marches, citing the example of how recent rumour-mongering triggered panic among Hindi-speaking workers in the State.

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The State has filed a special leave petition against a September 22, 2022 order of the Single Judge of the Madras High Court allowing RSS to conduct route marches. The Single Judge had a month later, in November, imposed some conditions for the route march. In February this year, however, a Division Bench of the High Court set aside these restrictions. The State had earlier moved the apex court against the Division Bench order. But it has now filed the special leave petition against the original September order itself.

“Your Lordships must have seen the disturbances caused in the North Indian workers’ issue in the last 15 days…” senior advocate Mukul Rohatgi and advocate Joseph Aristotle, for Tamil Nadu, voiced the State’s apprehensions about the danger to law and order situation.

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“But that politics is settled… I keep a watch on what is happening in the State…” Justice V. Ramasubramanian responded.

The counsel appearing for RSS said the State had in the previous hearing assured the court that it would come out with a “workable solution” for alternate routes for the march.

“Now, instead of giving the proposed solution, the State has filed a fresh special leave petition. This is not fair to the court,” the counsel submitted

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The court listed the case for further hearing on March 27.

In the last hearing on March 3, Mr. Rohatgi had said the RSS cannot seek a carte blanche in conducting the marches. The High Court had agreed that the situation of security in the State offered a mixed bag. The State cannot shut its eyes to law and order concerns.

The court had indicated that a balance should be struck between the language of power and the language of democracy.

Senior advocate Mahesh Jethmalani, who appeared for the RSS on March 3, said the State cannot stop an organisation from holding peaceful marches for apprehensions about a banned outfit.

“We are not going to do anything till March 11 or March 12. The government cannot ban me,” he had argued.

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