Kerala High Court quashes bifurcation of Kerala Police Officers Association
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Kerala High Court Justice Bechu Kurian Thomas disposes of petitions challenging the order issued by the Additional Chief Secretary (Home) to reorganise police associations and set up an ad hoc committee to monitor the Kerala Police Officers Association’s affairs during the transition.
The Kerala High Court has quashed the bifurcation of the Kerala Police Officers Association (KPOA) and its merger with the other two police associations, the Kerala Police Association (KPA) and the Kerala Police Senior Officers Association (KPSOA).
Justice Bechu Kurian Thomas disposed of the petitions filed by the KPA and the KPOA challenging the order issued by the Additional Chief Secretary (Home) to reorganise police associations and set up an ad hoc committee to monitor the KPOA’s affairs during the transition. The court held that the government was not authorised to restructure the three police associations. Even though an association had no fundamental right, a recognised association was entitled to ensuring that its by-laws were not violated by any person, including the government, the court observed.
The court found that only the Inspector General possessed the authority to grant, refuse or revoke such recognition. Even if the State held this power, the rules under the Police Forces (Restriction of Rights) Act, 1966, stated that before revoking recognition, the associations shall be given a reasonable opportunity to make representations against the proposed action.
The Additional Chief Secretary’s order divided up the KPOA’s assets between the KPA and the KPSOA at a 60:40 ratio. The order also constituted an ad hoc committee at the State and district levels to temporarily take over the administration of the KPOA, after freezing its elected committees. The court quashed the order creating the ad hoc committee as well.
The KPOA, in its petition, contended that the State had no power to dissolve a recognised association, amend its by-laws by executive order, induct its members into other associations or merge and dissolve an existing association functioning in accordance with its by-laws. The petition sought protection of the association’s continued existence, its elected body, its funds and its independent legal status. The KPA’s petition had argued that the order violated their fundamental right to form associations under the Constitution. It was also contended that the Additional Chief Secretary was not authorised to pass the order, as the power to modify any rights conferred on citizens who are part of the forces in charge of public order was vested with the Centre.
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