The Hindu : Tamil Nadu News : Petitions seeking permission to form police association dismissed

Online edition of India's National Newspaper
Wednesday, May 12, 2004

Tamil Nadu

Tamil Nadu

Petitions seeking permission to form police association dismissed

By Our Staff Reporter

CHENNAI, MAY 11. The Madras High Court today dismissed three writ petitions seeking a direction to the Government to permit formation of a police association, but said there was room "to claim a common association for all the staff right from police constables to inspectors."

The First Bench, comprising the Chief Justice B. Subhashan Reddy and Justice S. Sardar Zackria Hussain, dismissing the petitions filed by the Janata Party president, Subramanian Swamy, and two others said, "however, a room is created to claim for a common association for all the staff right from police constables to inspectors. And, if the petitioner (K. Sivakumar) wants to avail himself of the common association, he can file an application before the Director-General of Police, and this judgment will not stand in his way."

Three petitioners — Dr. Swamy, M. Panneerselvam and Mr. Sivakumar — moved the court seeking government approval for an association of subordinate police personnel in the State. They challenged a July 20, 2002 order of the DGP, refusing to grant recognition to the Tamil Nadu Police Constabulary Association.

In their present order, the judges dismissed the petitions filed by Dr. Swamy and Mr. Panneerselvam holding that they had no locus standi to agitate on the issue.

As regards Mr. Sivakumar's petition, the Bench said an association could be formed as per provisions governed by Article 19(1)(c) of the Constitution. "But the grant of recognition is a different thing, which is to be done under the relevant Act for all other associations except those in defence and police services."

"Article 33 of the Constitution has been specifically enacted keeping in view the special duties and responsibilities attached to defence and police services. When the makers of the Constitution themselves have made a distinction and enacted Article 33 differently for the purpose of forming an association by the defence and police personnel, Article 19(1)(c) cannot be resorted to (by the petitioners)."

Under the Police Forces (Restriction of Rights) Act no member of the force shall, without an express sanction, be a member or associated in any way with any society, the Bench pointed, and said the association was not for any social, cultural or religious purpose. "It is only for the purpose of ventilating their grievances with regard to their service condition."

Holding that forming an association is not a guaranteed right, the Bench said the argument that Andhra Pradesh and Kerala had similar associations had no relevance to the present case as each DGP had his own perspective, and that unless the reasons given were perverse or illegal or unconstitutional the court could not interfere. The Bench also pointed out that the DGP had stated in his affidavit that a separate grievance cell had been set up to monitor the service conditions at all levels.

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