NEW DELHI: The Tamil Nadu government on Friday told the Supreme Court that it would share the intelligence reports on possible threat to breach of peace and law and order with the RSS to work out a solution to the issues arising out a 'route march' proposed across the state.
RSS, for its part, also agreed that it would not take out the march on March 5 now.
A bench of Justices R Subramanian and Pankaj Mithal, which initially showed disinclination to entertain the plea, fixed the Tamil Nadu's petition against the Madras High Court's order for consideration on March 17.
After arguing for a while, senior advocate Mukul Rohatgi submitted, "I will communicate to other side in sealed cover the inputs received by us and the proposed routes by us for the march. we will work it out."
He also said the state was not for banning the 'route march' but wanted to restrict to the places affected by banned outfit Popular Front of India and bomb blasts.
Senior advocate Mahesh Jethmalani, appearing for the RSS submitted, "We are not going to do anything till March 11 or March 12 or March 14. But please see the order being assailed...the government of the day sought to ban us thinking I am an opposition".
"They are unable to control a terrorist organisation there and that is why they want to ban us. If we are being attacked, the state has to protect us," he said, wondering about the apprehension of the state.
As Rohatgi questioned the validity of the order, the bench asked him if the order passed can be modified in contempt jurisdiction.
The bench also asked why no appeal was filed against the first order by the Madras High Court's single bench. Rohatgi said the state filed the review petition which was dismissed and the other side filed a contempt petition where the order was passed allowing the route march across the state.
He also said the state may file a special leave petition against the first order by the High Court.
In its plea, the Tamil Nadu government sought to restrict the 'march' and prohibited it in six districts affected by activities of banned outfit PFI and bomb blasts.
In its petition, the state government, through its counsel Dr Joseph Aristotle stated that allowing such a march could cause law and order issue and other problem. The action, initiated by the State is within reasonable restrictions on the fundamental rights under Article 19(2) of the Constitution to maintain public order.
The state government relied upon the intelligence reports containing apprehension for disturbance of public peace following the ban on Popular Front of India in September, 2022.
A two-judge bench of Justice R Mahadevan and Justice Mohammed Shaffiq of the Madras High Court, had earlier last month in its order allowed the RSS plea, and permitted it to conduct a route march.
While allowing RSS to conduct a route march, the HC had noted that the State must uphold the citizens' right to freedom of speech and expression.
The court had also directed the RSS to file fresh applications for carrying out the route March on three different dates. It had also directed the Tamil Nadu police to permit the RSS to take out route marches on any of such dates in various districts across the state on public roads.
The HC had also allowed the RSS members to wear their uniform and play its musical band during the March throughout Tamil Nadu.
