Introduction:

In a significant ruling, the Madras High Court provided directives to the Police and the Rashtriya Swayamsevak Sangh (RSS) pertaining to the allowance and conduct of route marches. Justice G Jayachandran emphasized the crucial role of freedom of thought and expression, warning against those in power attempting to curtail these rights. The court addressed a case where the RSS sought permission for route marches, which the State initially denied, sparking legal disputes.

Arguments from Both Sides:

The RSS approached the court seeking permission for their route marches, contested by the State’s denial citing structures and places of worship along the intended route. The High Court, while allowing the RSS to conduct marches, criticized the State’s decision as violating secular and constitutional principles. Subsequent refusals by the State led to a contempt plea, indicating a lack of adherence to court orders.

Court’s Judgment:

After the Supreme Court directed the State to propose guidelines for future RSS marches, the Madras High Court reviewed the proposed plan by the police. While accepting most conditions, the Court rejected some that did not meet the standard of reasonable restriction. The High Court issued comprehensive guidelines, requiring advance notice for marches, fair imposition of restrictions, details of organizers, and allowing flags and music but prohibiting provocative slogans. The Court also mandated separate permissions for display boards and a refundable deposit to prevent property damage. Stressing adherence to these guidelines, the Court aimed to ensure peaceful future public meetings without court interventions.