A Supreme Court bench of Justice Surya Kant and Justice Dipankar Datta on 20 November asked the Tamil Nadu government to submit a proposal to the Madras High Court stating how it would ensure that route marches of the Rashtriya Swayamsevak Sangh (RSS) would be conducted in the state without bringing the matter to court, reported LiveLaw.
It also directed the High Court to invite suggestions/objections from the RSS to the proposal so that litigation can be avoided.
The bench passed the order after hearing Senior Advocate Kapil Sibal who stated that the contempt proceedings against officials such as the Home Secretary and Director General of Police (DGP) before the Madras High Court should be closed because the RSS had been allowed to conduct its route marches on 19 November.
This was objected to by Advocate Guru Krishna Kumar, who represented the RSS.
The bench told the state government that it could inform the Madras High Court that it had appealed against its order to allow RSS route marches and then subsequently complied with the directions of the Supreme Court and was submitting a proposal as ordered. It added that the High Court could then pass the appropriate orders.
The matter had reached the Supreme Court for the second year in a row.
According to a report by The Hindu, the bench exempted the contemnor authorities from appearing in court in connection with the case.
When Sibal and Additional Advocate General Amit Anand Tiwari asked the bench if the proposal could be submitted to the Supreme Court instead of the High Court, it refused and Justice Dipankar Datta stated "High Court judges are better equipped to consider local conditions", according to the report by LiveLaw.
During a hearing on 6 November, the Supreme Court had asked the state to allow the marches either on 19 November or 26 November and gave it the liberty to decide the route of the march. The RSS was asked to submit the proposed routes by 9 November and the state government was asked to notify the routes by 15 November.
Earlier, on 1 November, Justice G Jayachandran of the Madras High Court had summoned the Home Secretary and DGP to appear before the court after four weeks after the RSS filed a contempt petition stating that the authorities had failed to comply with his order dated 16 October asking the state government to allow the route marches.
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