V.G.Jagadeesan vs The State Rep. by, The Chief Secretary

WP.Crl.No.2790 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.10.2026
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
WP Crl. No. 2790 of 2026
and
W.P.M.P.Crl.No.1021 of 2026
CNR:{HCMA012497442026}
V.G.Jagadeesan,
S/o V.P.Govindasamy, No.1,
Venkataswamy Street, Chetpet, Chennai. … Petitioner(s)
Vs.
1. The State of Tamil Nadu,
Rep. by the Chief Secretary,
Government of Tamil Nadu, Secretariat,
Fort St.George, Chennai – 600 009.
2.The Home Secretary,
Government of Tamil Nadu, Secretariat,
Fort St.George, Chennai – 600 009.
3.The Director General of Police,
Headquarter, Tamil Nadu Police,
Dr.Radhakrishnan Salai, Mylapore,
Chennai – 600 004.
4.The Inspector General of Police,
Law and Order, Dr.Radhakrishnan Salai,
Mylapore, Chennai – 600 004. … Respondent(s)
PRAYER
To issue a Writ of Mandamus directing the Respondent to pass appropriate
orders on the Petitioner’s application dated 03.10.2026 by issuing necessary
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instructions to all the Commissioners of Police and Superintendents of Police all
over the State of Tamil Nadu to grant necessary permissions to the members of
Rastriya Swayamsevak Sangh to conduct route marches on 18.10.2026,
25.10.2026, 01.11.2026 or any other dates as enclosed in the Annexure A & B
wearing their uniform i.e. Dark Olive Brown Trousers, White Shirt, Cap, Belt,
Black Shoes lead by a musical band followed by a public meeting in the same
venue as per the guidelines issued by this Court in Cont.P.No.2717 of 2023
dated 05.01.2024 and pass any other further or other orders this Court may
deem fit and proper in the circumstance of the case and thus render justice.
For Petitioner(s): Mr.N.L.Rajah
Senior Counsel
for Mr.V.Chandrasekaran
For Respondent(s): Mr.Vijay Narayan
Advocate General
assisted by
Mr.Akash
Government Advocate for RR 1 & 2
Mr.John Sathyan
State Public Prosecutor
Assisted by
Mr.Arun Anbumani
Additional Public Prosecutor
and
Mr.S.Yogaraja Sekar
Government Advocate (Crl.Side) for RR 3 & 4
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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“ 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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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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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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WP.Crl.No.2790 of 2026
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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