HC dismisses petition seeking approval of TN Constalbury Assn

The Madras High Court today dismissed a petition seeking approval of and recognition to Tamil Nadu Police Constabulary Association.
Justice M Jaichandren, who dismissed the petition by Grade 1 constable M Senthil Kumar, said it is a well known position of law that the freedom to form associations, recognized 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. While this was so, the relief prayed for by the petitioner cannot be claimed as a matter of right, the court said.

The matter relates to refusal of permission by the Director General of Police to grant permission to form the Association.
The petitioner submitted that Article 19(1)(c) of the Constitution recognizes the rights of citizens of India to form associations with certain limitations, prescribed in Clause (4) of the Article.
He submitted that as per Article 33 of the Constitution, some restrictions have been imposed for enjoyment of the freedom of Association and that the DGP does not have any power to prevent the constabulary from forming it.

Kumar said that in spite of several representations to the DGP, he had refused to recognize the Association, following which he moved the High Court.

In his counter, the DGP submitted that the High Court had on earlier occasions, while passing orders on various petitions filed, including one by Subramanian Swamy, directed the government to consider and dispose of representations by the petitioners.
The counter also said that as per the HC orders, the DGP had passed a detailed order on the representations as per powers vested with him under Rule 8 of the Police Forces (Restriction of Rights) Rules 1966 rejecting the request for formation of the Police Association.
The DGP said that even the Special Leave Petition filed by some petitioners before the Supreme Court had been dismissed.

He submitted that grievance cells have been formed by the state government to redress problems of police personnel and so there was no need for grant of approval or recognition.
The DGP said police personnel in Tamil Nadu have been provided various benefits and their grievances are redressed.
The counter submitted that the DGP, who is the authority to grant approval, is vested with necessary powers.
"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. As such, this court is of the considered view that the present writ petition filed by the petitioner is devoid of merits. Therefore, it is liable to be dismissed," the court said.