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VCK Leader Challenges Order Permitting RSS March, Madras HC Refuses to Hear; Directs to Approach SC

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Gavel Law Insider

Priyanka Singh

Published on: September 29, 2022 at 21:20 IST

On Wednesday, the Madras High Court refused to hear an appeal against an order passed by a single judge permitting the Rashtriya Swayamsevak Sangh (RSS) to carry out processions on October 2, across the State of Tamil Nadu.

Advocate NGR Prasad, before the bench of Chief Justice T. Raja and Justice D. Krishnakumar, made a mentioning yesterday for hearing an appeal by Vidhuthalai Chiruthaigal Katchi (VCL) leader and MP Thirumavalan which challenged the permission to RSS as per the directions by the court to the police authorities for carrying out the route march with conditions applied.

Prasad also mentioned for an early hearing of the appeal before Justice GK Ilanthiraiyan on Tuesday, which was to be considered later in the due course of time.

During the hearing yesterday, Chief Justice Raja informed the counsels that the question in the issue was whether the court should hear such challenges considering that orders challenged in criminal matters must be preferred to the Supreme Court.

Prasad apprised the Court that the then Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy had held that intra appeals were informed of even in criminal matters.

The reliefs sought were civil in nature and thus, are subject to entertainment, he added.

The Registrar General, nevertheless, informed that keeping in mind the view of earlier decisions of the Supreme Court, such appeals couldn’t be heard by the High Court.

The Court accepted the submission by the Registrar General and concluded with the acceptance to the judgment by the Apex Court while refraining from entertaining the appeal.

MP Thirumavalam, in petition, criticized the activities by the RSS being violent and that, the organization’s sole agenda was to create disharmony among communities.

The MP submitted that despite the court imposing conditions, there was no confidence in their cadres that they’ll follow the conditions and that, they will act high-handedly to disrupt the public order by creating enmity between groups.

Further, the court wasn’t informed about the routes of the procession before the passing of the order.

He, thus, sought the injunction retraining the police authorities from permitting for the organization and recall the Court’s order.