Bengaluru: In a setback to the State Government, a Division Bench of the Karnataka High Court this morning declined to lift the stay on a Government Order (GO) that restricts unauthorised assemblies of more than 10 people in public spaces such as roads, parks and playgrounds. The Court has dismissed the State’s petition.
The Court was hearing the case State of Karnataka Vs Punashchethana Seva Samaste and others.
The Bench, comprising Justice S.G. Pandit and Justice K.B. Geetha, refused to interfere with interim stay earlier granted by a Single-Judge Bench and directed the State to approach the same Judge with its plea to vacate the order.
“It is open for the appellants to file an application for vacating the interim order,” the Division Bench observed while dismissing the State’s appeal. The original stay was issued on Oct. 28 by Justice M. Nagaprasanna, following a petition that contended the GO infringed upon the fundamental right to peaceful assembly.
Justice Nagaprasanna noted that though the GO was aimed at curbing unauthorised use of public property, it prima facie infringed upon the fundamental rights guaranteed under the Constitution of India, particularly the freedom of speech and expression and the freedom to assemble peacefully.
