6 months ago
1
The High Court of Karnataka connected Monday refused to confine its interim bid of staying the October 18, 2025 Government Order (GO), which restricts usage of nationalist places, including roads, parks, playgrounds, etc., without anterior support for a gathering of 10 oregon much persons, lone to the petitioners who person challenged the legality of the GO.
Justice M. Nagaprasanna said that the enactment bid could beryllium constricted lone to the petitioner-organisations, portion pointing retired that the interim bid was passed aft taking enactment that allowing the GO to beryllium operational would prima facie mean to licence the cardinal rights guaranteed to the citizens nether Article 19(1)(a) and (b) to beryllium taken distant done an enforcement bid erstwhile the liberty granted nether the Constitution of India could not beryllium curtailed done specified administrative orders.
Earlier, Advocate-General K. Shashi Kiran Shetty requested the tribunal to bounds the enactment bid lone with respect to Hubballi- and Dharwad-based non-governmental organisations and individuals similar Punashchetana Seva Samsthe, We Care Foundation, Rajeev Malhar Patil Kulkarni and Uma Satyajit Chavan, who person questioned the GO. The Advocate-General orally claimed that different than the petitioners nary 1 other had immoderate grievance against the GO.
Declining to judge Advocate-General’s plea, the tribunal said that each issues would beryllium considered during last proceeding connected the petition portion noticing that a Division Bench, successful its November 6 order, had dismissed the entreaty filed by the State government, which had challenged the October 28 interim bid of staying the GO.
“It is trite that cardinal rights cannot beryllium curtailed by enforcement orders. Article 13(2) of the Constitution holds a barroom against specified encroachment, that Chapter III of the Constitution tin lone beryllium abridged by a instrumentality and not by an administrative order, oregon a Government Order. Therefore, the impugned Government Order runs contrary to Article 13(2) and thereby, taking distant the cardinal close nether Article 19(1)(a) and (b),” the tribunal had observed successful its October 28 interim order.
