Approach SC against order permitting RSS rally, HC to Thiruma

CHENNAI: The first bench of Madras High Court on Wednesday directed Viduthalai Chiruthaigal Katchi (VCK) President Thol Thirumavalavan to approach the Supreme Court for a direction to recall the order of a single judge allowing the Rashtriya Swayamsevak Sangh (RSS) to conduct a route marches in 51 places across the state of Tamil Nadu.

When the first bench of Acting Chief Justice T Raja and Justice D Krishnakumar sat for hearing, senior advocate NGR Prasad representing Thirumavalavan mentioned the judges to hear his client’s writ appeal against the Justice GK Ilanthiraiyan’s September 22 order directing police to allow the RSS procession.

However, the judges declined the request on the ground that they could not entertain the appeal as they have no jurisdiction to hear the appeal in the criminal case.

According to the bench, the SC only has the appellate jurisdiction to hear the criminal writ petitions. Nevertheless, the senior advocate claimed that despite it being a criminal case, the issue involved is of a civil nature. He also pointed out that a division court of the Madras HC has appellate jurisdiction to hear criminal cases.

However, the judges categorically rejected the plea observing that they cannot entertain the case as they are bound by the judgments of the Supreme Court. “There is no question of getting into the merits. It is only about the maintainability of the petition. We cannot entertain the petition,” the bench ruled.

In his affidavit, Thirumavalvan said that the RSS has planned to conduct the route march to celebrate the 100th year anniversary of Dr. BR Ambedkar, Vijaya Dasami, and Gandhi Jayanti. However, the ideology and views of Ambedkar towards Vijaya Dasami should have been considered by a single judge, according to the VCK president.