Tamil Nadu's plea challenging RSS marches: SC lists matter for hearing on November 6

New Delhi: The Supreme Court on Friday listed the hearing on the Tamil Nadu government plea challenging the Madurai Bench of the High Court of Madras order allowing RSS to conduct flag marches in the state.
A bench of justices Surya Kant and Dipankar Datta listed the matter for hearing on November 6.
Tamil Nadu government has approached the Supreme Court challenging the Madurai Bench of the High Court of Madras order allowing Rashtriya Swayamsewak Sangh (RSS) to conduct flag marches in the state.
Tamil Nadu govt was represented by Senior Advocate Kapil Sibal and advocate on record Sabarish Subramanian.
The southern state government has challenged the HC's October 18 order allowing RSS to conduct flag marches in various areas of Tamil Nadu.
The petition said that the order was passed without considering the history of violent incidents the needs and objects of such marches and the prevalent intelligence Reports regarding the possible occurrence of incidents affecting the Law and Order situation and in complete ignorance of the other religious congregations during the ongoing Navratri festival and Thevar Jayanti across Tamil Nadu.
The petition said that the concerned respondents are representatives of the Organisation named Rashtriya Swayamsewak Sangh (RSS) which is neither a citizen of India nor a Body Corporate and hence isn't vested with the Fundamental Right guaranteed under Article-19 of the Constitution of India which is available only to the citizens of India.
"That the Respondents without any rhyme or reason or necessary cause have sought permission before various Police and Administrative Authorities of Tamil Nadu for conducting Flag Marches and processions on October 22, 2023 and October 29, 2023. That the route maps of said marches are passing through narrow roads and also passing through the areas where places of worship of Minority Communities are situated," read the petition.
That while the police authorities are gathering information necessary for disposing of the requests of permissions for the said Marches, the Respondents have filed numerous Writ Petitions before the Madurai Bench of the High Court of Madras praying for disposal of the said Requests.
During the Pendency of the litigation, the Police Authorities after assessing the Intelligence inputs and evaluating the law and order situation and availability of the personnel situation in light of ongoing festivals etc and keeping in mind the history of such marches across India most recently in West Bengal where the said marches have led to communal clashes, refused the grant of permission, the petitioner said.
That despite being the petition rendered infructuous and despite the respondents not having the locus standi to file a Writ Petition, the Madurai Bench of the High Court turned the said litigation into an appeal over the correctness of the administrative decision without following settled principles of law and allowed the flag Marches of the Respondents quashing the rejection orders of the petitioners, the petitioner said further.