The Madras High Court today said that an appeal pending before it against its earlier order of granting permission to RSS to conduct processions shall not come in the way of police taking a decision on the matter.
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.
Despite an order passed by the single judge of the High Court in July 11, 2014 granting permission for the procession, police refused permission to it stating they should not wear the RSS uniform (khakki trouser and white shirt).
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.
