Archive · 7 Nov 2025
Karnataka High Court Dismisses State Appeal on Public Gatherings Order
Imagine the government in Karnataka made a rule that said if more than 10 people wanted to do something in a government park or building, they needed permission first.
If they didn't get permission, it would be like they were part of an illegal group.
Some groups felt this rule was unfair because it might stop people from gathering, which is a right they have.
A judge had already put a pause on this government rule.
The government tried to get the pause removed by appealing to a higher court.
But on Thursday, the higher court said no.
They told the government that making a rule to stop people from gathering like that needed a stronger reason than just an order.
So, the pause on the government's rule stays, and they have to ask the first judge to change things if they want to.
The Karnataka High Court dismissed the state government's appeal against an interim order staying a GO that required permission for activities in government-owned spaces.
A Division Bench directed the government to approach the original single judge to seek vacation of the stay, which was initially granted on October 28.
The GO mandated that any program or procession violating the order would be treated as 'unlawful assembly' under the Bharatiya Nyaya Samhita (BNS) Act.
The court questioned the automatic classification of gatherings of 10 or more individuals as unlawful and the necessity of permission for ordinary public activities.
Respondents argued the GO infringed upon the constitutional right to assemble peacefully, while the government stated it was to safeguard public property and public interest.
- Who
- Karnataka High Court (Division Bench), State Government, Punashchetana Seva Samsthe, We Care Foundation
- What
- The Karnataka High Court dismissed the state government's appeal against an interim order that stayed a Government Order (GO) requiring private organizations to obtain permission for activities in government-owned spaces.
- When
- The Division Bench ruling was delivered on Thursday. The original stay was granted on October 28.
- Where
- Karnataka High Court, Bengaluru
- Why
- The High Court questioned the necessity of the GO, which treated gatherings of over 10 people in public spaces as 'unlawful assembly' without permission, citing potential infringement of fundamental rights to assemble peacefully. The government argued the order was to safeguard public property and public interest.
State Government's Stance
High Court's Ruling and Respondent Arguments
Necessity of Permission for Public Spaces
State Government's Stance
The state government argued its order requiring permission for private organizations to hold activities in government-owned spaces was to safeguard public property and the larger public interest, calling it an 'enabling provision'. They contended that organized events like rallies and processions were the target, not informal meet-ups, and restrictions were already in place for protests and sporting events.
High Court's Ruling and Respondent Arguments
The High Court questioned the automatic classification of gatherings of 10 or more individuals as 'unlawful assembly' and suggested such gatherings, like people walking together, should not be stopped. Respondents argued that the order infringes on the right to assemble peacefully and cited Article 19(1)(b) of the Constitution, stating that such rights can only be limited on grounds of public order. They also pointed out that even a group playing cricket would need daily permission under the rule.
Purpose and Impact of the Government Order
State Government's Stance
The government maintained the order was not specifically aimed at restricting the activities of any particular organization like the RSS, but for maintaining law and order and preventing damage to public property. They emphasized it was an 'enabling provision'.
High Court's Ruling and Respondent Arguments
The government order, which mandates permission for any programme or procession in government-owned spaces, was issued around the time the RSS was holding flag marches, leading to the perception that it was aimed at impacting the activities of the Hindu right-wing organization. Respondents argued that the order, as written, would require even informal gatherings like a group playing cricket to seek daily permission.
- Court
- Karnataka High Court (Division Bench)
- Government Order (GO)
- Mandated private organizations to obtain permission before holding any activities in government-owned spaces.
- Consequences of Violation
- Treated as 'unlawful assembly' under the Bharatiya Nyaya Samhita (BNS) Act.
- Challenging Organizations
- Punashchetana Seva Samsthe and We Care Foundation
- Original Stay Granted By
- A single-judge bench on October 28.
- Division Bench Ruling Date
- Thursday
- Court's Direction
- State government to approach the original single judge to seek vacation of the stay.
- Main Petition Hearing
- Scheduled for November 17.
Sources
Karnataka HC rejects Siddaramaiah Govt’s appeal against stay on curbing assembly in public spaces in Bengaluru
Karnataka High Court Refuses To Lift Stay On State Govt Order Against RSS March
Karnataka HC directs state govt to regulate street vendors and food trucks, orders Centre to issue guidelines for health standards in restaurants
Karnataka HC refuses to lift stay on state order restricting public gatherings
Amid RSS route march dispute, Karnataka HC dismisses state appeal against earlier court order staying Government Order against gatherings on public property
Karnataka High Court Dismisses State Appeal Against Public Area Gatherings
Karnataka High Court Refuses To Vacate Stay On Govt Order Restricting RSS Activities
