New Delhi, March 3 The Rashtriya Swayamsevak Sangh (RSS) on Friday said if it's march in Tamil Nadu is being attacked by a terrorist organisation, then state government has to protect it, as the state government contended before the Supreme Court that it will come up with a "workable solution" for the proposed route march.
Senior advocate Mukul Rohatgi, representing Tamil Nadu, submitted before a bench headed by Justice V. Ramasubramanian that "We are not totally opposed to having route marches and public meetings across the state, but it cannot be in every street, every mohalla."
He argued that the RSS cannot seek a carte blanche in conducting the marches and added that the high court had agreed that the situation of security in the state offered a mixed bag. He stressed that the state government cannot shut its eyes to law and order concerns.
The bench orally observed that a balance should be struck between the language of power and the language of democracy.
Senior advocate Mahesh Jethmalani, representing the RSS, submitted that the state government cannot stop an organisation from holding peaceful marches citing apprehensions in connection with a banned outfit.
He contended that they are unable to control a terrorist organisation there and that is why they want to ban the march, and after the PFI ban, there have been no incidents.
"What is your apprehension?......If I am being attacked by a terrorist organisation then the state has to protect me."
The RSS said it may not hold the marches scheduled on March 5.
Jethmalani informed the bench that they are not going to do anything till March 11 or March 12, while insisting that the government cannot ban the march.
He said the RSS cannot be singled out against the backdrop that marches have been held by Dalit Panthers and the ruling DMK, and pressed that state cannot abdicate its responsibilities.
The state government said it would, in the meanwhile, communicate with the other inputs it had received about threats and suggest routes for the marches. "We will work it out," said Rohatgi.
After hearing arguments, the top court scheduled the matter for further hearing on March 17.
During the hearing, the state government contended that it was not pressing for an absolute ban on the marches, rather only highlighting the issue of security to participants in certain sensitive areas, which has a presence of the banned Popular Front of India (PFI), which have witnessed bomb blasts in the past.
On March 1, the Supreme Court agreed to examine, on March 3, Tamil Nadu government plea challenging the Madras High Court order, which allowed the RSS to conduct a route march across the state.
Rohatgi had then submitted that the state government wants to restrict the march and is not inclined to allow it in six districts affected by activities of banned outfit PFI and bomb blasts. He further submitted that the single judge agreed with the state's contentions, however the division bench of the high court permitted it while dealing with a contempt petition.
The state government's plea contended that its decision against the march was within reasonable restrictions on the fundamental rights under Article 19(2) of the Constitution to maintain public order.
The high court, in its order last month, had said: "We are of the view that the state authorities must act in a manner to uphold the fundamental right to freedom of speech, expression, and assembly as regarded one of the most sacrosanct and inviolable rights envisaged in our Constitution."
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