'Prima Facie Violates Fundamental Rights' : Karnataka High Court Stays Govt Order Restricting Gatherings In Public Places

The Karnataka High Court on Tuesday stayed a government order issued by the Home Department on October 18 that prohibited gatherings of ten or more persons for peaceful civic, social, or cultural activities in public places and declared such assemblies as unlawful.

Justice M. Nagaprasanna passed the interim order while hearing a petition filed by Punashchetana Seva Samaste, challenging the validity of the government directive.

Senior Advocate Ashok Haranhalli, appearing for the petitioners, argued that “Article 19 (1) (b) is squarely affected in this. In exercise of executive power, can the rights conferred Article 19 (1) (b) be taken away. The second issue is how does it become unlawful?. Suppose I am doing a laughter club in a park, or a walking group, how does it become an unlawful assembly?”

He added “The government is not competent to issue an executive order that mandates permission, and if you do not do it then it becomes an offence of unlawful assembly. Parks vest with the local authorities, under the Parks and Open Spaces Act and under Municipal Corporation Acts. The streets vest with the corporation.”

Then the bench queried with counsel about the authority which issued the impugned order. Haranhalli informed that it was issued by the Home Department. Further he said, “The Government cannot say that this is an offence and register a case.”

The counsel for the government sought a day's accommodation to file its response.

Following which the court ordered “The AGA accepts notice for respondents. The issue in the lis is a challenge to the government order dated 18-10-2025.The government order restricts the conglomeration of persons more than 10 to become an unlawful assembly and could be penalised under the BNS, 2023.”

The government order stated that any procession or rally involving the use of government properties, including roads, parks, playgrounds, water bodies, or any other immovable property under the jurisdiction of municipal corporations or boards maintained by the Government of Karnataka, would be prohibited if more than ten people gather, such an assembly being treated as an unlawful gathering.

Observing that the order prima facie infringed fundamental rights, the Bench remarked, “Prima facie the government order takes away the right which has been conferred upon citizens/citizens mentioned in Chapter III of the Constitution of India. Article 19 (1) (a) (b), which gives freedom of speech and expression and congregation rights, is taken away by this government order. It is trite law that a right conferred under Chapter III of the Constitution of India can be taken away only by a law promulgated, not by a government order.”

It added “If this government order is left to stay, it would in effect would violate Article 13 (2) of the Constitution of India, which clearly indicates that a fundamental right conferred under Chapter III can be abridged only by a law.”

Further, it said, “It need not be noticed that the government order in the teeth of the field occupied by the Act and the Constitution can have any semblance of effect of taking away rights conferred on citizens/citizens covered under Chapter III. In that light, such government order cannot be permitted to operate.

Granting interim relief, the Court noted, “However, the learned AGA seeks time to file his statement of objections. In view of the government order being violative of Article 13(2) of the Constitution of India, the government order and all consequential actions arising from it shall remain stayed till the next date of hearing, November 17.”

Case Title: PUNASHCHETANA SEVA SAMSTE & Others AND State of Karnataka & Others

Case No: WP 107929/2025