WP CRL./2790/2026 of V.G.Jagadeesan Vs The State Rep. by, The Chief Secretary on 16 October 2026

ORDER

This Court had passed an order on 15.10.2026. The same may be read as a part and parcel of this order.

2. The issue in the present writ petition relates to the Route March to be conducted by the members of the Rashtriya Swayamsevak Sangh (hereinafter

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WP.Crl.No.2790 of 2026 referred to as ‘RSS’) on 18.10.2026. The petitioner is the State Secretary of the RSS. He had made an application to the Director General of Police (hereinafter referred to as ‘DGP’) on 03.10.2026. In the said application, apart from the proclamation of the objects of RSS and the manner of holding of Route March from Jammu and Kashmir to Kanyakumari on one day, he had sought permission to conduct Route Marches which are but processions and for holding of public meeting to be held after the procession. He also sought permission to permit the volunteers wearing their respective uniforms. The processions are led by a musical band. By the very representation, the petitioner had given three dates, namely 18.10.2026, 25.10.2026 and 01.11.2026 for the aforesaid purpose. The time period for this Route March / procession was between 03.00 PM and 07.00 PM.

3. Similar applications had been made by the local organisers of the RSS to the police officials in the respective Districts. The applications came to be rejected. One such rejection letter dated 11.10.2026 has been enclosed in the typed set of papers at page No.90. The grounds for rejection of the said applications are as follow:-

(i) The route suggested for procession is not a permitted route;

(ii) The places for religious worships, other than the communities of the petitioner, are situated along the route

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WP.Crl.No.2790 of 2026 of the Route Marches;

(iii) The statue of a leader, who had led the rationalist movement in Tamil Nadu is along the route;

(iv) The Route March will lead to traffic congestion;

(v) The number of participants has not been stated;

(vi) The usage of loud speakers would cause inconvenience;

(vii) Possibility of law and order issues and untoward incidents.

4. The RSS has moved this Writ Petition seeking for a Mandamus to the DGP to instruct all the Commissioners and Superintendents of Police over the State to grant permission to hold Route Marches on one of the aforesaid three dates.

5. When the matter taken up for admission, I directed the learned counsel for the petitioner to serve notice on Mr.Arun Anbumani, Additional Public Prosecutor so as to enable him to get instructions. The matter was listed yesterday (on 15.10.2026).

6. I

heard

Mr.N.L.Rajah,

Senior

Counsel

representing Mr.V.Chandrasekaran for the petitioner, Mr.Vijay Narayan, the Hon’ble Advocate General, assisted by Mr.Akash, Government Advocate for respondents 1 & 2, Mr.John Sathyan, the learned State Public Prosecutor,

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WP.Crl.No.2790 of 2026 assisted by Mr.Arun Anbumani, the learned Additional Public Prosecutor and Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) for respondents 3 & 4.

7. I have given detailed reasons as to why I am listing the matter today. However, I would like to re-state certain facts which would be essential for the disposal of this writ petition.

8. RSS has been consistently approaching this Court for the purpose of holding Route Marches. The organisation claims to propagate nationalism and devotion to the Mother Land. The foundation day of the organisation was on the Vijayadashami day in 1925. In commemoration of the said day, the members belonging to RSS clad in uniforms and a few carrying musical instrument, do a Route March. The March is approximately to a length of 3 to 5 kms. The members of the association claimed that they have been carrying on this Route March throughout the length and breadth of this Country and abroad on the foundation day.

9. From the year 2022 onwards, their plan to hold a meeting in the State of Tamil Nadu had run into rough weather. This Court had allowed the writ petitions filed by RSS in W.P.Nos.24540 of 2022, etc. batch, imposing certain conditions on 22.09.2022. These conditions are extracted as follows:-

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WP.Crl.No.2790 of 2026 “11.In view of the above order passed by the Hon’ble Supreme Court of India as well as various orders passed by this Court, it would be appropriate to direct the respondents to grant permission to conduct procession and to conduct public meeting on 02.10.2022 at various places subject to the following conditions on or before 28.09.2022: i. During the program, nobody shall either sign songs or speak ill on any individuals, any caste, religion, etc., ii. Those who participate in the program shall not for any reason talk or express anything in favour of organizations banned by Government of India. They should also not indulge in any act disturbing the sovereignty and integrity of our country. iii. The program should be conducted without causing any hindrance to public or traffic. iv. The participants shall not bring any stick, lathi or weapon that may cause injury to any one. v. The organizer(s) shall make adequate arrangements for drinking water and proper First Aid/Ambulance/Mobile Toilets/CCTV Cameras/Fire Fighting equipments etc., in consultation with the Police/Civic/Local Bodies as directed by the police. vi. The procession shall proceed in any orderly manner

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WP.Crl.No.2790 of 2026 along the sanctioned route keeping to the left and shall not halt on the way or cause impediment to the normal flow of traffic. The procession shall occupy only one~fourth of the road. vii. The organizer(s) shall keep sufficient volunteers to help the police for regulation of traffic and the participants. viii. The organizer(s) of procession/rally shall be responsible for ensuring that the route permitted to them by the Police Authorities is strictly followed. ix. Only box type speakers should be used and output of the speakers should not exceed 15 watts ad within a radius of 30 meters only. Cone Speakers should not be used at any cost. x. In the procession, the processionists shall not any manner offend the sentiments of any religious, linguistics, cultural and other groups. xi. An undertaking to reimburse the cost for any damage that may occur enroute to any public/private property and an undertaking to bear the compensation/replacement costs as well, if are to be awarded to any other institution/person, who may apply for the same. xii. If there is violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law.”

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10. The State of Tamil Nadu, being aggrieved by the said order, filed a review. The review was entertained by a learned Single Judge and the order was modified as follows:- “All the petitions have been filed to review the order dated 22.09.2022 passed by this Court in W.P.No.24540 of 2022 etc., batch.

2. This Court by an order dated 22.09.2022 in W.P.No.24540 of 2022 etc., batch, directed the petitioners/State to grant permission to the respective respondents to conduct procession and conduct public meeting on 02.10.2022 at various places all over Tamil Nadu on certain conditions.

3. Today when the matters are taken up for hearing, the learned State Public Prosecutor appearing for the petitioners submitted that out of 50 places, in three places, the respective respondents were granted permission to conduct procession and public meeting on 06.11.2022. Insofar as 23 places are concerned, respective respondents are permitted to conduct procession/public meeting in an indoor place. Insofar as 24 places are concerned, respective authorities found that there will be a law and order issue and rejected the requests in view of the intelligence report received from the authorities concerned. He further submitted that the respective respondents also approached this Court by way of Contempt Petitions and same are pending before this Court.

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4. In view of the various orders passed by the authorities concerned, nothing survive in these Review Applications. Accordingly, all the Review Applications are closed. Consequently, the connected miscellaneous petitions are also closed.”

11. As the orders of the Court permitting the route marches were not complied with, RSS moved several contempt petitions. The learned Judge passed yet another order on 04.11.2022. The relevant portions are extracted hereunder:- “9.Therefore, this Court is inclined to grant permission to conduct procession and public meeting on 06.11.2022 on the following conditions: i.The procession and public meetings should be conducted in a compounded premises such as Ground or Stadium. It is made clear that while proceeding to conduct procession and public meeting, the participants shall go by walk or by their respective vehicles without causing any hindrance to the general public and traffic. ii.During the program, nobody shall either sing songs or speak ill on any individuals, any caste, religion, etc., iii.Those who participate in the program shall not for any

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WP.Crl.No.2790 of 2026 reason talk or express anything in favour of organizations banned by Government of India. They should also not indulge in any act disturbing the sovereignty and integrity of our country. iv.The program should be conducted without causing any hindrance to public or traffic. v.The participants shall not bring any stick, lathi or weapon that may cause injury to any one. vi.The organizer(s) shall make adequate arrangements for drinking water and proper First Aid/Ambulance/Mobile Toilets/CCTV Cameras/Fire Fighting equipments etc., in consultation with the Police/Civic/Local Bodies as directed by the police. vii.The organizer(s) shall keep sufficient volunteers to help the police for regulation of traffic and the participants. viii.Only box type speakers should be used and output of the speakers should not exceed 15 watts-ad within a radius of 30 meters only. Cone Speakers should not be used at any cost. ix.In the procession, the processionists shall not by any manner offend the sentiments of any religious, linguistics, cultural and other groups. x.An undertaking to reimburse the cost for any damage that may occur enroute to any public/private property and an undertaking to bear the compensation/replacement costs as well, if are to be awarded to any other institution/person, who may apply for the same. xi.If there is violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law.”

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12. Aggrieved by such modifications, the members of RSS preferred Letters Patent Appeal (LPA) in L.P.A.Nos.6 to 50 of 2022. After hearing both sides, a Division Bench consisting of Mr.Justice R.Mahadevan (as his Lordship then was) and Mr.Justice Mohammed Shaffiq, allowed the LPAs and set aside the order passed in the review and in the contempt petition and restored the order dated 22.09.2022 passed in W.P.Nos.24540 of 2022, etc.

13. The State of Tamil Nadu was aggrieved by the said order. It preferred a Special Leave Petition to the Supreme Court in SLP.(C).No.4163 of 2023. Even at that point of time, it was urged by the State of Tamil Nadu that it was anticipating law and order problems on account of the ban imposed on the organisation. Despite the same, the Court dismissed the SLP by an order dated 11.04.2023, confirming the orders passed by the aforesaid Division Bench and the order passed by this Court on 22.09.2022 in W.P.Nos.24540 of 2022, etc, batch.

14. Subsequently, for the year 2023, RSS had to approach this Court again by way of a batch of writ petitions. Those writ petitions came to be allowed by this Court by an order dated 16.10.2023. The learned Single Judge, following the view expressed by a Division Bench in Ramasamy Udayar Vs. The District Collector, Perambalur District, Perambalur, in W.A.Nos.743 & 2064 of 2019

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WP.Crl.No.2790 of 2026 dated 30.04.2021, came to a conclusion that roads are secular in character and all people should be dealt equally, irrespective of religion, caste or creed. It also concluded that denial of permission by the State of Tamil Nadu to RSS to hold Route Marches is not in line with the secular ideologies that are enshrined in the Constitution of India and the democratic way of governance. The learned Judge directed the State of Tamil Nadu to afford permission on the following terms:- “i) The Superintendent of Police of the concerned District, to whom the application is made shall issue permission after having consultation with the Organizers, if necessary.

ii) The Organizers of the processions may be amenable for minor change in the route, if the District Administration feels that, it may be difficult for them to provide bandobust in a particular route. If there is any such difficulty, the District Administration can have consultation with the Organizers and provide alternative route.

iii) The starting point and ending point shall not be compromised under the guise of changing the route.

(iv) . The permission in writing with necessary restriction to be issued atleast three days prior to the date of rally/meeting.”

15. This order was again put to challenge before the Supreme Court in SLP.(C).Nos.24161 to 24176 of 2023. The Bench consisting of Mr.Justice Surya

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WP.Crl.No.2790 of 2026 Kant (as the CJI then was) and Mr.Justice Dipankar Datta, directed the State to grant permission for the route marches. While disposing of the SLPs, it further directed the authorities to come up with a mechanism as to how the permission for Route Marches are to be considered in future, without seeking the intervention of the Court. It was to be done by way of a proposal to this Court and this Court was requested to consider the same and frame guidelines to avoid unnecessary litigation in the future. Accordingly, after hearing both sides, guidelines were framed.

16. Though the Supreme Court expected that litigations would not arise, the litigation appetite of the State of Tamil Nadu has not been satiated. Therefore, in pursuance of that, the State of Tamil Nadu did not permit the RSS to hold a Route March and the meeting. It resulted in a flurry of writ petitions. By an order dated 01.10.2024, this Court had commented it is a case of “Vikram and Vedha” and the matter is not being given a conclusion by the State. The Court, having framed the guidelines on 05.01.2024, hoped that the police would not trouble the Court by rejecting the permissions sought for by the RSS for Route Marches by inventing novel and fanciful reasons. Despite the findings made by this Court, yet again the RSS is before this Court by way of a writ petition.

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WP.Crl.No.2790 of 2026

17. I had recorded in my earlier order (on 15.10.2026) that the fundamental right to form an association under Article 19(1)(b) of the Constitution of India can be restricted only by a legislation made by the State Legislature or the Parliament. Such a law, in order to pass the constitutional muster should be in line with Article 19(3). Unless and until, the law so made is to protect the public order or the security and integrity of this Country, it cannot be held to be constitutional.

18. The law that had been pitted against the petitioner is the Tamil Nadu Police Act. This legislation had been considered by this Court in the year 2022 by the Division Bench in LPA, by Mr.Justice V.Ramasubramanian in SLP and Dr.Justice G.Jayachandran in the second round of litigation and it was held that it is not a bar for route marches. The Courts had come to a conclusion that the Police Act, enacted by the State legislature, cannot be utilised by the State to snuff out the right of the members of RSS to conduct Route Marches.

19. This Court had specifically directed the police not to reject applications on the following reasons:-

(i) Religious structure in the procession route;

(ii) Existence of institutions / organisations which have a different view or objective other than RSS.

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WP.Crl.No.2790 of 2026

20. One thing must be said to the credit of Tamil Nadu police. They have not come up with any novel reasons for rejection. They have been consistently giving the very reasons which this Court found as lame. This Court, by yesterday’s order (i.e., on 15.10.2026) had pointed out that the High Court and the Supreme Court had consistently called upon the parties to resolve the issue so as to decongest the Court. Guidelines have been framed as to how the power to grant permission must be finalised. Yet, the very same guidelines were being utilised for the purpose of its rejection. It is a classic case of using the scalpel not for the purpose of operation, but to kill the patient on whom the operation is said to be performed. Therefore, this Court had called upon the members of RSS, who are organising the Route March as well as the police to strictly adhere to the guidelines.

21. I also called upon Mr.V.Chandrasekaran to instruct his clients to submit the following to the authorities and to the learned Public Prosecutor:-

(i) details of the Route March,

(ii) name and number of the organisers,

(iii) number of participants and

(iv) the details of the meeting area, which was being proposed to be conducted after the Route March has concluded. Appropriate applications were also called upon to be furnished to the District level officers. I listed the matter today.

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WP.Crl.No.2790 of 2026

22. When I took up the matter for hearing, Mr.N.L.Rajah circulated an Excel Sheet containing the details which had been submitted to the police. These details have been duly served on the Office of the Public Prosecutor.

23. The Hon’ble Advocate General has obtained instructions and states that the proposed procession scheduled to be conducted on 25.10.2026 and 01.11.2026 can go on, subject to modification as may be suggested by the police authorities in the districts depending upon the local conditions. The date on which the Route March is going to take place are on 25.10.2026 and on 01.11.2026.

24. I had also called upon the deponent in the writ petition to file an undertaking affidavit that the members of the organisation and the organisers of Route March will strictly comply with the “Do’s and Dont’s” imposed by this Court in Cont.P.Nos.2717 of 2023, etc., on 05.01.2024. An affidavit has also been filed, which is scanned and extracted hereunder:-

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25. In order to obviate any disputes as regards the places of Route March as well as the meeting, the list that had been circulated by Mr.V.Chandrasekaran to the learned State Public Prosecutor will be an annexure to this order, which is as follows:-

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WP.Crl.No.2790 of 2026

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26. The hope that was expressed by the Supreme Court in the year 2023 and reiterated by this Court while framing guidelines and disposing of the writ petition is rekindled now. It is hoped that the police would not reject the application by the RSS, forcing them to come to the Court again and occupy precious judicial time. The members of RSS, who are organising the meeting, are well aware about the date on which ‘Vijayadhasami’ falls. Accordingly, they shall give an advance intimation to the police, containing the details of Route March, schedule of program, including their contact details, etc. In case of any doubt, the police will call them and clarify the same.

27. The police must not behave like Procrustes. They should not search the applications for its rejection by placing it on the same bed as they have done all these years. An attempt must be made to process the applications and approve them rather than looking for defects for its rejection.

28. This Court places on record its appreciation for the efforts taken by the learned counsel for the petitioner, the Hon’ble Advocate General, the learned State Public Prosecutor and the police officers who have cooperated to resolve the issue. The permission should not be dragged on to the last moment. The time and place of the meeting should be intimated by 19.10.2026.

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29. In the result, this Writ Petition (Criminal) stands disposed of. Consequently, the connected miscellaneous petition is closed. 16.10.2026 krk Internet : Yes / No Index : Yes / No Neutral Citation : Yes / No Speaking Order / Non-Speaking order To

1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai.

2. The Home Secretary, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai.

3. The Director General of Police, Headquarter, Tamil Nadu Police, Dr.Radhakrishnan Salai, Mylapore, Chennai.

4. The Inspector General of Police, Law and Order, Dr.Radhakrishnan Salai, Mylapore, Chennai.

5. The Public Prosecutor, High Court of Madras, Chennai.

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WP.Crl.No.2790 of 2026 V.LAKSHMINARAYANAN J. krk WP Crl. No. 2790 of 2026 and W.P.M.P.Crl.No.1021 of 2026

16.10.2026

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