A division bench, comprising Justice Satish K Agnihotri and Justice K K Sasidharan, made the remarks on an appeal filed by the Home Secretary and the DGP against the order of Single Judge V Ramasubramanian to grant permission to RSS for holding the procession.
The matter relates to applications by RSS to poice to take out processions on the eve of the RSS foundation day of November nine by different district units in Tamil Nadu.
Police also filed appeals against the order of the single judge.
Durai Sankar, district President of RSS, filed a counter affidavit stating that the uniform of RSS does not in any way offend Chennai City Police Act.
The right to assemble peacefully and without arms is a fundamental right guaranteed under article 19(1)(b) of Constitution of India, he submitted and said RSS has never violated Chennai City Police Act in any way whatsoever and sought dismissal of the appeal.
