The Supreme Court of India adjourned the hearing on the state’s appeal challenging the Madras High Court order allowing the Sangh to carry out the marches. The bench was headed by Justices V Ramasubramanian and Justice Pankaj Mithal. Senior advocate Mukul Rohatgi, the Counsel member of the state informed the bench that some solution can be worked out in the meanwhile and if that is not possible, the state will contest. He also mentioned that the march was scheduled for March 5 and urged the court to protect him for a few days.

“I will communicate to Mr (Mahesh) Jethmalani. We will work out a solution,” Rohatgi said. Stating that alternative routes can be looked into, he said, “The idea is not to prohibit absolutely. I have very clear instructions….. Your Lordships may take it up on March 17.”

On the other hand, Senior advocate Mahesh Jethmalani, who appeared for the RSS, said that he has no problem if the state wanted more time. He pointed out that the programme will take time to get permission etc and it happening on March 5 is unlikely.

“They are saying there is a danger to us because PFI, a terrorist organisation, was banned by the Centre. So they can’t control a terrorist organisation there. That’s why they want to ban our rallies.” Mr Jethmalani informed the Court.  Advocate Mukul Rohatgi pointed out that the march was scheduled for March 5 and requested the court to give protection. 

Further, Adv Jethmalani mentioned some of the incidents where he state giving permission to other organisations to carry out protests and organise human chains, among others, without stipulating any condition.

The DMK government has moved the Supreme Court to challenge the Madras HC order allowing the RSS to carry out route marches in the state.

The division bench of the High Court had set aside a November 4, 2022 order by a single-judge bench, which had asked the Sangh to organise the march in “compounded premises such as [a] Ground or Stadium”. Simultaneously, the HC also restored an earlier order dated September 22, 2022, by which police were directed to grant permission for the march and public meeting, stating that “it is within the fundamental right of the organisation to conduct such processions at public places, including public roads, and meetings.