Courts on Participation in RSS Activities

Once again the Congress in Madhya Pradesh has threatened that they would ban participation in Sangh activities if they come to power. Given below is a series of court judgements from 1950’s onwards which clearly state that no citizen can be barred from participation in Sangh activities.

1. Indore Madhya Bharat High Court (1955): 
*’Krishna Lal Vs Madhya Bharat State’* –
Court Ruling – “No Temporary Government Employee can be removed stating that he is a Member of the Rashtriya Swayamsevak Sangh.”

2. Patna High Court (1961):
*’Madhavrao Sadashivrao Golwalkar Vs Bihar State’*
Court Ruling – “Speech given at Rashtriya Swayamsevak Sangh programme is not an offence under Section 153A of Indian Penal Code IPC.”

3. Bombay High Court Nagpur Bench (1962):
‘Chintamani Nurganwankar Vs Post Master General K. M., Nagpur’s*

Court Ruling – “Any Govt Employee participating in Rashtriya Swayamsevak Sangh activities is not resorting to ‘Deistructive Work’ and no one can be removed from Govt service based on this.”

4. Uttar Pradesh High Court (1963):

*’Jai Kishan Mahrotra Vs Mahalekhakar, Uttar Pradesh’s*

Court Ruling – “Being Member of the Rashtriya Swayamsevak Sangh cannot be the only reason for Compulsory Retirement of any Govt Employee.”

5. Rajasthan High Court, Jodhpur (1964):

*’Kedarlal Agarwal Vs Rajasthan State and Others’*

Court Ruling – “Dismissal of Govt Employee on the basis of his active participation in Rashtriya Swayamsevak Sangh activities will be null & void.”

6. Punjab High Court, Delhi (1965):

*’Manohar Ambokar Vs Bharat Sangh & Other’s*

Court Ruling – Participating in  Rashtriya Swayamsevak Sangh activities can be termed  ‘neither Destructive Work’ nor ‘Illegal’. No Govt Employee can be Punished on this basis.”

7. Mysore High Court, Bangalore (1966):

*’Ranganathachar Agnihotri Vs Mysore State & Other’s*

Court Ruling – “Being member of the Rashtriya Swayamsevak Sangh can’t be a valid reason to deprive an individual an opportunity to be appointed as a Justice”

8. Punjab & Haryana High Court, Chandigarh (1967):

*’Ramphal Vs Punjab State & Others’*

Court Ruling –  “No Govt Employee can be dismissed on basis of his participation in Rashtriya Swayamsevak Sangh Camps.”

9. Madhya Pradesh High Court, Jabalpur (1973):

*’Bharat Prasad Tripathi Vs Madhya Pradesh Govt & Other’s*

Court Ruling – “No Employee can be removed on basis of his  participation in Rashtriya Swayamsevak Sangh programme. Any orders issued for the Sake of justifying the same will not be valid.”

10. Uttar Pradesh High Court (1971):

*’Education Director, Uttar Pradesh & Others Vs Revat Prakash Pandey’*
Court Ruling – “No citizen’s ‘Right of confluence’ can be suspended during his Government Service.”

11. Gujrat High Court, Ahmedabad (1970):
*’D.B. Gohal Vs District Judge, Bhawnagar & Other’s*

Court Ruling – “Relation with Rashtriya Swayamsevak Sangh doesn’t proves that it is a Political Protest, hence no Govt Employee can be removed from his service based on this point.”

12. Kerala High Court, Ernakulam (1981):
*’T.B. Anandan & Others Vs Kerala State & Other’s*

Court Ruling – “The Rashtriya Swayamsevak Sangh cannot be deprived of Special Facility of Government School for their Programmes.”

13. Kerala High Court, Ernakulam (1982):
*’Smt Thatumkar Vs General Manager, Tele Communications, Kerala Mondal’*

Court Ruling – “No individual can be stopped from being appointed as a Government Employee on basis of his being a Member of the Rashtriya Swayamsevak Sangh.”

14. Indian High Court (1983):

*’Madhya Pradesh State Vs Ram Shankar Raghuwanshi & Other’s*

Court Ruling – “No Employee can be removed from Service on the basis of him participating in Rashtriya Swayamsevak Sangh Activities.”

15. Unlawful Activities (Prevention) Act 1993:
*’Central Government Vs Rashtriya Swayamsevak Sangh’*
Court Ruling – “Not Enough reasons to declare Rashtriya Swayamsevak Sangh Illegal.”


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