Karnataka government order violates fundamental rights, rules High Court

BENGALURU: Karnataka High Court on Monday stated that the Congress-led government's order making it mandatory for private organisations to obtain prior permission from authorities to hold events in public places and government-owned properties violates fundamental rights.

The bench headed by Justice M. Nagaprasanna made this observation while hearing a petition filed by Punashchetana Seva Samsthe and extended the interim stay on the order until the next hearing on December 15. The court also declined the government's request to confine the interim stay only to the petitioner.

The Karnataka High Court further clarified that the interim stay it had issued on October 28 - stopping the government from enforcing its order that banned gatherings of ten or more people for peaceful civic, social, or cultural activities - will apply to everyone, not just the people who filed the petition in court.

The court noted that its earlier interim order - which has now been upheld by a higher bench - was issued because the Government Order violated the Fundamental Rights under Article 19(1)(a) and 19(1)(b) of the Constitution (freedom of speech and expression, and freedom to assemble peacefully).

Under Article 13(2), fundamental rights can only be restricted by a law passed by the legislature, not through a simple Government Order, the court underlined.

As the Government Order is violative of the Constitution, it cannot be paused only for the petitioners while still applying to everyone else. If it violates Fundamental Rights, it becomes invalid for all, not just a few, the bench stated. (IANS)

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