The Karnataka High Court has dismissed the state government’s appeal challenging an interim stay on a government order that required private organisations to obtain prior permission before using public property. A division bench comprising Justices S G Pandit and Geetha K B instructed the state to approach the single-judge bench that originally granted the stay on the October 18 directive.
The order in question mandates that any private organisation—whether registered or not—must apply at least three days in advance for events, rallies, or processions involving more than ten people on government-owned or managed property such as roads, parks, playgrounds, buildings or water bodies. It also applies the label “unlawful assembly” under the Bharatiya Nyaya Samhita to events held without permission. Marriage and funeral gatherings are exempt.
The government’s justification emphasises protection of public property and the prevention of misuse of public spaces. Advocate-General Shashi Kiran Shetty maintained that the directive targets organised activities rather than casual gatherings, arguing it is an enabling rather than restrictive provision. Responding, senior advocate Ashok Haranahalli, representing petitioners including the Punashchetana Seva Samsthe and the We Care Foundation, argued that the order impinges on the fundamental right to peaceful assembly guaranteed under Article 19 of the Constitution. He pointed out scenarios such as informal play on a public ground potentially requiring daily official clearance.
During the hearing, the bench questioned the sweeping scope of the directive, asking rhetorically whether a group simply walking together could be stopped under this rule. The court upheld the single judge’s interim order, making clear that until the single judge re-examines the directive, the government’s attempt to enforce the permission requirement remains suspended.
