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 on Thursday told the State government to go back to the single judge with an application to vacate the interim order of staying the Government Order (GO) issued on October 18, which classifies public gathering of 10 or more individuals in public places, including parks, playgrounds, roads, etc., without prior authorisation, as a criminal offence.

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

While keeping all the contentions raised in the appeal open, the Bench said that it is open for the State government to file an application before the single judge for vacating the interim order. “We are sure that the single judge will consider the said application,” the Bench said, while dismissing the appeal.

When the Bench, during the hearing on the appeal, asked why the government cannot go before the single judge for vacating the stay order, the A-G orally replied that the government wants to “go only upward and not downward.”

The single judge had stayed the GO by observing that “prima facie the GO is manifest violation of Article 13(2) of the Constitution of India, and has taken away the fundamental rights granted to citizens under Article 19(1) (a) and (b), which gives freedom of speech and expression and right for congregation and free movement”.

Also, the single judge had pointed out that “Article 13(2) of the Constitution holds a bar against such encroachment, that fundamental rights can only be abridged by a law and not by an administrative order, or a GO”. The single judge’s interim order is valid till November 17, the date of hearing on the petition filed by Hubballi-based Punashetana Seva Samsthe, which has challenged the legality of the GO.

However, the government in its appeal had claimed that the GO is “an enabling provision” and it allows private organisations and individuals to use the pubic places by taking prior permission by submitting an application only three days prior to their gathering.