Justice MM Sundresh made it clear that there is no prohibition for using the dress used by RSS on the ground that is being used by junior officers of the police force during drills and training and also being used by Fire Service personnel.
Allowing the petitions filed by members of RSS, Justice Sundresh said the two conditions that were imposed by the police "preventing the usage of dress code and using sticks for musical instruments are hereby set-aside."
Police had allowed the processions on the condition that RSS shall not use their traditional uniform and not carry sticks besides taking musical instruments "as it would lead disturbance to public peace."
Counsel for RSS B Rabu Manohar contended that by no stretch of imagination could it be said that the uniform of RSS resembled that of police or any other uniformed service personnel. The sticks are carried only by the musicians leading the processions for musical purposes only.
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"The object and rationale behind the Section 41-A of
Chennai City Police Act 1888 will have to be read with uniform resembling as that of armed forces of Union or Police. Therefore, it cannot be said that a dress code meant to be used during drills and parade by the Junior officers could be read into said provision," the judge said.
"So, for exercising section 41-A of Chennai City Police Act 1888, there has to be application of mind on the part of police concerned."
On other issues pertaining to the usage of sticks and clubs and musical instruments, the judge said the "said condition also cannot be sustained."
"There is absolutely no material to hold that mere usage of musical instruments would cause law and order situation affecting public peace," the judge said.
While making it clear that RSS have to strictly follow all other conditions imposed by police, the judge set aside the conditions with regard to dress and sticks used for musical instruments.