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A batch of Writ Petitions seeking Mandamus directing the police to permit the Members of RSS to conduct procession (Route March) wearing uniform namely, white shirts, dark olive brown pants with belts, cap, shoes https://www.mhc.tn.gov.in/judis and Cont.P.Nos.2717 to 2721, 2868, 2873, 2931, to 2933, 2993 to 2997 of 2023 and 3007 to 3014 of 2023 & Sub.Appln.Nos.923 of 2023, 805 to 809 of 2023, 899 to 901 of 2023 led by the band, came up for consideration before this Court on 16.10.2023. Following the dictum of the Hon'ble Supreme Court in S.L.P.(Civil)No.4162 of 2023, dated 11.04.2023, which is in respect of very same organisation, this Court allowed those Writ Petitions with below directions:-
(iii)The starting point and ending point shall not be compromised under the guise of changing the route.
(iv)The permission in writing with necessary https://www.mhc.tn.gov.in/judis and Cont.P.Nos.2717 to 2721, 2868, 2873, 2931, to 2933, 2993 to 2997 of 2023 and 3007 to 3014 of 2023 & Sub.Appln.Nos.923 of 2023, 805 to 809 of 2023, 899 to 901 of 2023 restriction to be issued atleast three days prior to the date of rally/meeting.” (2) In spite of the above direction, permission for RSS route march was not granted by the Police. Hence, contempt petitions were filed. This Court admitted the contempt petitions and issued Statutory Notice to the contemnors.
(5) The Hon'ble Supreme Court, recording the events subsequent to the filing of SLP, took note of the fact that the route march by RSS is an event conducted all over the Nation every year in and around Vijayadasami i.e., end of Dasara festival, but repeatedly the members of the RSS are forced to approach the Court to conduct the route march, since the Tamil Nadu Government refuse to grant permission, despite the Courts direction. To avoid parties approaching the Courts every year for getting permission for route march, the Supreme Court had passed the following order:-
8. As regard to the contempt notice issued by the High Court in one of the matters, it may be seen that the show-cause notice was issued by the High Court on 01.11.2023 i.e. much before this court passed the order on 06.11.2023.
9. It goes without saying that the petitioners shall be at liberty to apprise the High Court that they immediately availed their legal remedy against the directions issued by the High Court and, thereafter, have faithfully and earnestly complied with the order passed by this Court on 06.11.2023. We see no reason to doubt that the High Court shall take into consideration all the subsequent events, most importantly the proposal to be submitted on behalf of the petitioners for future course of action. The High Court may, accordingly, pass appropriate orders for which it is not expedient or desirable for this court to express any opinion on merits.” https://www.mhc.tn.gov.in/judis and Cont.P.Nos.2717 to 2721, 2868, 2873, 2931, to 2933, 2993 to 2997 of 2023 and 3007 to 3014 of 2023 & Sub.Appln.Nos.923 of 2023, 805 to 809 of 2023, 899 to 901 of 2023 (6) With reverence to the Hon'ble Supreme Court mandate, the respondent police had exchanged draft proposal with the organisers of RSS local unit and they have also given in writing their re-joinder/objections. In response to the objections, the Director General of Police had given the reasonings for the restrictions, which were disagreed by the organisers. The DGP draft proposal is dated 20.11.2023. The petitioners, who are the representatives of the respective local unit of RSS has given their comments/objections. In response to the objections/suggestions submitted by the representatives of RSS, explaining reasons for certain restrictions is filed by the Director General of Police on 15.12.2023. The proposal, objections and reply are placed before this Court to finalise the proposal/guidelines for the petitioner's-organisation to conduct the Route March in future without seeking intervention of the Court.