The Dharwad bench of the Karnataka High Court on Tuesday granted an interim stay on the state government’s order declaring Rashtriya Swayamsevak Sangh gatherings with more than 10 people in government premises without permission as illegal.
A single bench of Justice M. Nagaprasanna heard the petition filed by Punasthan Seva Sanstha of Hubli.
Senior advocate Ashok Harnahalli, appearing for the petitioner, said that the government has ordered that permission will have to be taken for any gathering of more than ten people. He called it a restriction on the fundamental rights provided by the Constitution.
Haranhalli said during the hearing, “The government has ordered that permission will have to be taken for any gathering of more than 10 people. This is a restriction on the fundamental right given in the Constitution. Even if a party is organized in a park, it is an illegal gathering as per the government order.”
Haranhalli further argued, “The government cannot issue such an administrative order. When the Police Act is in force, what is the need for this rule?”
The High Court bench asked the government, ‘Did the government want to achieve something else?’
The Karnataka government sought one day’s time to present its arguments on the matter. Government lawyers argued, ‘One day’s time should be given for arguments.’
After arguments from both sides, the High Court issued notice to the Karnataka government, Home Department, DGP and Hubli Police Commissioner. In its order, the High Court said that the Karnataka government has taken away the rights granted under Articles 19(1)(A) and 19(1)(B) of the Constitution.
“Notice to the State Government, Home Department, Director General of Police, Hubli Police Commissioner. The order of the State Government dated October 18, 2025, is challenged. The Government order states that gathering of more than 10 people without permission is an offence,” the Karnataka High Court order said.
The order further said, “Entry into roads, parks, grounds, lakes etc. has been restricted. The government has exercised its power under the Police Act through this order.”
The order said, “The government has taken away the right conferred under Article 19(1)A, B of the Constitution. The right conferred by the Constitution cannot be taken away by any government order. Therefore, the court orders that the government order is stayed. The hearing is adjourned.”