Kerala High Court Quashes Bifurcation of Police Officers Association
Kerala High Court quashes the bifurcation of the Kerala Police Officers Association and its merger with two other police bodies, holding the government had no power to restructure them.
The Kerala High Court has quashed the bifurcation of the Kerala Police Officers Association (KPOA) and its merger with the Kerala Police Association (KPA) and the Kerala Police Senior Officers Association (KPSOA).
Justice Bechu Kurian Thomas disposed of petitions filed by the KPA and the KPOA challenging an order issued by the Additional Chief Secretary (Home) to reorganise the police associations and set up an ad hoc committee to oversee the KPOA's affairs during the transition.
The court held that the government was not authorised to restructure the three associations. While an association does not enjoy a fundamental right, a recognised association is entitled to ensure that its by-laws are 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 recognition. Even if the State held such power, the rules under the Police Forces (Restriction of Rights) Act, 1966, require that associations be given a reasonable opportunity to make representations before recognition is revoked.
The Additional Chief Secretary's order had divided the KPOA's assets between the KPA and the KPSOA in a 60:40 ratio. It 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.
In its petition, the KPOA 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 argued that the order violated the 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 rights conferred on citizens who are part of forces in charge of public order was vested with the Centre.