Karnataka HC’s Division Bench tells government to go back to single judge with a plea for lifting stay on GO restricting use of public places

A Division Bench of the High Court of Karnataka connected Thursday told the State authorities to spell backmost to the azygous justice with an exertion to vacate the interim bid of staying the Government Order (GO) issued connected October 18, which classifies nationalist gathering of 10 oregon much individuals successful nationalist places, including parks, playgrounds, roads, etc., without anterior authorisation, arsenic a transgression offence.

Refusing to interfere with the azygous judge’s interim order, the Bench comprising Justice S.G. Pandit and Justice Geetha K.B dismissed a writ entreaty filed by the State authorities challenging the azygous judge’s October 28 interim order.

While keeping each the contentions raised successful the entreaty open, the Bench said that it is unfastened for the State authorities to record an exertion earlier the azygous justice for vacating the interim order. “We are definite that the azygous justice volition see the said application,” the Bench said, portion dismissing the appeal.

When the Bench, during the proceeding connected the appeal, asked wherefore the authorities cannot spell earlier the azygous justice for vacating the enactment order, the A-G orally replied that the authorities wants to “go lone upward and not downward.”

The azygous justice had stayed the GO by observing that “prima facie the GO is manifest usurpation of Article 13(2) of the Constitution of India, and has taken distant the cardinal rights granted to citizens nether Article 19(1) (a) and (b), which gives state of code and look and close for congregation and escaped movement”.

Also, the azygous justice had pointed retired that “Article 13(2) of the Constitution holds a barroom against specified encroachment, that cardinal rights tin lone beryllium abridged by a instrumentality and not by an administrative order, oregon a GO”. The azygous judge’s interim bid is valid till November 17, the day of proceeding connected the petition filed by Hubballi-based Punashetana Seva Samsthe, which has challenged the legality of the GO.

However, the authorities successful its entreaty had claimed that the GO is “an enabling provision” and it allows backstage organisations and individuals to usage the pubic places by taking anterior support by submitting an exertion lone 3 days anterior to their gathering.