Attempt to secure HC nod for police union fails again

CHENNAI: Yet another bid by a section of policemen in the state to get judicial nod for forming a constabulary association failed, with the Madras high court on Wednesday dismissing a PIL saying the right to form associations is not an absolute right.
Also, the state director-general of police had exercised his statutory powers and declined to approve such an association, the court said.This is the fourth such petition being dismissed by the court over the past few years.
Justice M Jaichandren, dismissing a PIL filed by grade-I police constable M Senthil Kumar attached to Kottampatti police station in Madurai, said, "The freedom to form associations, recognised by Article 19(1)(c) of the Constitution, is not an absolute right, even though it is fundamental in nature. It is open to the state to impose reasonable restrictions based on the grounds mentioned in the Article."
Concurring with the submissions of advocate-general A L Somayaji assisted by additional government pleader P Sanjai Gandhi, the judge said, "While so, the relief prayed for by the petitioner in the present writ petition cannot be claimed as a matter of right. It is for the authority concerned to exercise the discretion, conferred on such authority by rule 8 of the police Force (Restriction of Rights) Rules, 1966."
The DGP has the authority to recognise the association of police personnel, as per rule 8 of the Police Force (Restriction of Rights) Rules 1966, he said. The petitioner had argued that the DGP did not have any power or authority to prevent police constabulary from forming an association.