In a setback to the Karnataka Government, the Dharwad Bench of the High Court has stayed a recent order which sought to curb private gatherings in  State Government properties and premises.

A single-Judge Bench of Justice M. Nagaprasanna passed the order while hearing a petition filed by the Hubballi-based Punashchetana Seva Samsthe challenging the Government Order (G.O.). The matter has been posted for further hearing on November 17, 2025.

The State Government had, on October 18, passed an order to prevent trespassing of public properties by private organisations. It had come days after IT-BT Minister Priyank Kharge’s letter to Chief Minister Siddaramaiah seeking a ban on activities of organisations such as the Rashtriya Swayamsevak Sangh (RSS) on public properties like government schools, colleges, etc.

While the Government Order does not categorically name RSS, the provisions of the order are said to be aimed at impacting the activities of the Hindu right wing organisation, including its route marches. The Opposition BJP had also criticised the move, alleging that it was intended to curb the programmes and marches of the RSS.

Appearing on behalf of the petitioner, senior advocate Ashok Haranahalli challenged the recent Government Order’s mandate that permission must be obtained for gatherings of more than 10 people. “This is a violation of the fundamental rights granted under the Constitution. Even holding a laughter club in the park would be considered an illegal gathering as per the Government’s Order,” he argued.

According to the G.O., a gathering of more than 10 people without permission for processions or meetings in government places will be considered an unlawful assembly. “The government should not issue such administrative orders. Why is this rule necessary when the Karnataka Police Act, 1963, is in force?” the counsel asked.

Interim stay

In its order, the HC said that access to roads, parks, grounds, lakes, etc., had been restricted, and the government had exercised the authority under the Police Act through an order.

“The government has taken away the right granted under Article 19 (1)A, B of the Constitution. The right granted by the Constitution cannot be taken away by a Government Order. Therefore, the Court orders that the Government Order has been stayed,” Justice Nagaprasanna said. The matter has been adjourned and the hearing set for a later date.