High Court stays Congress government’s order restricting public gatherings

Bengaluru : In a significant setback to the Congress government in Karnataka, the High Court has stayed the state cabinet’s controversial decision mandating prior police permission for any public gathering of more than ten people. The court held that such restrictions infringe upon fundamental rights guaranteed by the Constitution.

A single-judge bench of Justice M. Nagaprasanna of the Dharwad Bench of the Karnataka High Court passed the interim order on Tuesday while hearing a batch of petitions filed by Vinayak, president of Punashchetana Seva Samsthe, Gangadharayya, president of We Care Foundation, Rajeev Malhar Kulkarni from Dharwad, and Uma Satyajit Chavan from Belagavi.

The petitioners challenged the government’s October 18 order, arguing that it violates Articles 13, 14, and 19 of the Indian Constitution, which guarantee equality before law and the fundamental freedoms of speech, expression, and assembly. Senior advocate Ashok Haranahalli represented the petitioners.

After hearing the arguments, Justice Nagaprasanna observed that the government order was prima facie unconstitutional and issued a stay on its implementation. The bench also directed notices to be served on the Chief Secretary, the Additional Chief Secretary of the Home Department, the Secretary of the Department of Personnel and Administrative Reforms, the Director General and Inspector General of Police, and the Hubballi-Dharwad Police Commissioner.

Government order under scrutiny

The now-stayed government order, issued by the Home Department, required mandatory prior permission from the local Police Commissioner or Deputy Commissioner for any group—registered or unregistered—to assemble on government property, including roads, parks, playgrounds, or public buildings. It further stated that failure to obtain such permission would render the gathering “unlawful” under provisions of the Bharatiya Nyaya Sanhita, 2023, inviting criminal action.

Legal experts have described the order as an excessive exercise of executive power that sought to criminalize peaceful public assemblies. The High Court’s stay, they say, underscores that no government can override constitutional freedoms under the pretext of law and order.

Petitioners hail the ruling

Speaking after the verdict, the petitioners said the stay order has reaffirmed the citizens’ right to peaceful assembly and expression. They accused the Congress government of trying to curb dissent and suppress social and cultural activities by imposing arbitrary restrictions.

“This government order was nothing but a tool to silence voices critical of the regime,” one of the petitioners said. “The High Court has once again protected the Constitution from political misuse.”

Political backlash

The interim order has triggered strong political reactions. Opposition leaders, particularly from the BJP, have accused the Siddaramaiah-led government of targeting organisations associated with nationalist causes and undermining democratic rights.

“This was an attempt to turn Karnataka into a police state,” a senior BJP leader remarked, adding that the High Court’s intervention is a victory for democracy and individual liberty.

With the High Court’s stay now in effect, the Congress government faces mounting criticism for repeatedly issuing orders that appear politically motivated and legally untenable. The case will come up for further hearing after the state files its response.