RSS Route Marches: DMK Govt Moves SC Over Madras HC Orders Labelling State's Refusal As Contrary To 'Principle Of Secularism'

The Supreme Court of India has raised questions regarding the Tamil Nadu government's decision to file a direct petition challenging two orders issued by Single Judge Benches of the Madras High Court.

These orders allowed the Rashtriya Swayamsevak Sangh (RSS) to conduct route marches in the state.

The matter was brought before a Bench comprising Justices Surya Kant and Dipankar Datta.

Senior advocate Kapil Sibal, representing the State government, faced queries from the Bench regarding why the government did not opt for an intra-court appeal against the High Court's orders before approaching the Supreme Court.

Justice Kant pointed out that the Division Bench of the High Court could potentially address and rectify the orders issued by the Single Judge Benches.

Sibal argued that a contempt petition had already been filed against the State by the opposing parties involved in the case.

He further indicated that the High Court had criticised the State for failing to comply with its orders to permit the route marches.

The Supreme Court Bench sought clarification when the State's lawyers asserted that intra-court appeals were prohibited by the High Court in criminal matters. They questioned whether the nature of the issue at hand was civil or criminal.

The app court instructed the State counsel to provide relevant records by the upcoming Monday to determine whether the case was heard in the High Court on the civil or criminal side.

The case in question concerns two consecutive orders issued by the Madras High Court in October, one of which was delivered by the Madurai Bench.

Justice G. Jayachandran, in an order passed on 16 October, observed that the State's refusal to permit the route marches was inconsistent with the principles of secularism and democratic governance.