Karnataka High Court reserves order on state’s plea against stay on ban of public gatherings without
Bengaluru/Dharwad: The Karnataka High Court has reserved its order on the state government’s appeal challenging the interim stay granted against its directive that prohibits gatherings of more than 10 people in public places without prior permission from competent authorities.
The order in question, issued by the state government on October 18, 2025, sought to restrict any assembly, including those organised by private groups such as the RSS, in public areas like roads, parks, and playgrounds without prior approval. The Dharwad bench of the High Court, through a single-judge bench on October 28, had issued an interim stay on the order.
Hearing the government’s appeal on Tuesday, a division bench comprising Justice S.G. Pandit and Justice K.B. Geetha concluded arguments and reserved its decision.
Advocate General K. Shashikiran Shetty, representing the state government, argued that the notification was a lawful and reasonable measure intended to protect public property and citizens’ rights. He stated that gatherings of more than 10 people in public places such as roads and playgrounds without permission could disrupt public movement and order, and hence were declared unlawful under the Bharatiya Nyaya Sanhita.
Shetty contended that the single-judge bench’s interim order curtailed the government’s authority over its property. “Private organisations cannot use government property at their will. The order does not restrict people from using parks for walks; it only requires prior permission for organized events such as lectures or gatherings. There is nothing unreasonable about this,” he said.
He further noted that if any organisation sought permission, it would be granted within three days as per the new guidelines. “The order was issued solely to protect government property,” Shetty asserted.
The division bench questioned whether the government could have approached the single-judge bench itself for vacating the interim stay. Responding, the Advocate General said that since the stay order was already granted, the appropriate remedy was to approach a higher bench.
Senior Advocate Ashok Haranahalli, appearing for the original petitioners from Punashchetana Seva Trust, argued that the government’s view of public spaces as its exclusive property was legally flawed. “The state cannot claim ownership over playgrounds and parks in a manner that denies public access. Citizens have the right to use these spaces,” he said.
He further questioned, “If a group wishes to play cricket in a playground, must they seek daily permission from the government? Article 19(1)(b) of the Constitution guarantees the right to assemble peacefully without arms. This order amounts to an unreasonable restriction on that fundamental right.”
Haranahalli maintained that various provisions under criminal law already exist to curb unlawful assemblies and that municipal authorities, not the state government, are empowered to regulate the use of local public spaces. “If the state wants to impose such restrictions, it must enact legislation rather than issue an executive order that curtails citizens’ rights,” he argued.
On October 28, Justice M. Nagaprasanna of the single-judge bench had granted an interim stay on the state’s order, observing that the government directive prima facie infringed upon the fundamental rights guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution, the rights to free speech and peaceful assembly.
The bench had held that fundamental rights cannot be curtailed by an executive order but only by a valid law enacted under constitutional provisions. “If such an order is allowed to stand, it would effectively deprive citizens of their basic freedoms,” the court had observed.
Invoking Article 13(2) of the Constitution, which prohibits the state from making any law that abridges fundamental rights, the bench had stayed the implementation of the October 18 government order and subsequent directives until further hearing.
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CM launches poster campaign 'Justice for Karnataka'
Bengaluru (PTI): Karnataka Chief Minister Siddaramaiah on Friday released nine posters as part of a campaign: ‘Justice for Karnataka. Fair Share–Strong Federalism’ asking the Centre to heed state's demands.
These posters highlight key demands placed before the Finance Commission: Restoring Karnataka’s fair tax share; correcting unjust income, population and GSDP criteria; ensuring fair disaster and ecological support; strengthening decentralisation; providing dedicated infrastructure support for Bengaluru; supporting backward regions like Kalyana Karnataka; and upholding the constitutional spirit of cooperative federalism, Siddaramaiah said.
In a statement, Siddaramaiah said his government has placed its legitimate and constitutionally grounded demands before the 16th Finance Commission, seeking justice in tax devolution and fiscal federalism.
“We hope that the 16th Finance Commission reflects these concerns fairly in its recommendations, and that the Union Government under Prime Minister Narendra Modi implements them in letter and spirit, without subjecting Karnataka to petty politics or discrimination, as has unfortunately happened in the past,” the chief minister said.
Siddaramaiah underlined that Karnataka is among the country’s highest contributors to national revenues, yet its share in tax devolution was earlier reduced from 4.71 per cent to 3.64 per cent causing a loss of nearly Rs 80,000 crore.
"Flawed formulas that penalise development and population control, unrealistic GSDP calculations, inadequate disaster support, unchecked cesses and surcharges, denial of GST compensation, and non-release of recommended grants have collectively weakened the state’s finances," Siddaramaiah charged.
