Kerala High Court quashes bifurcation of Kerala Police Officers Association
The Kerala High Court has set aside the State government’s move to bifurcate the Kerala Police Officers Association (KPOA) and merge it 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 police associations and to constitute an ad hoc committee to oversee the KPOA’s affairs during a proposed transition.
Background to the dispute
The impugned order of the Additional Chief Secretary envisaged a restructuring of the recognised police associations in Kerala. As part of the plan, the order proposed dividing the KPOA’s assets between the KPA and the KPSOA in a 60:40 ratio. It also froze the KPOA’s elected committees and constituted ad hoc committees at the State and district levels to temporarily administer the association’s affairs.
Court’s findings and reasoning
In its judgment, the High Court held that the State government was not authorised to restructure the three recognised police associations in the manner attempted. While noting that an association does not enjoy a fundamental right as such, the court observed that a recognised association is nevertheless entitled to ensure that its by-laws are not violated by any person, including the government.
The court further found that the authority to grant, refuse, or revoke recognition of such associations rests with the Inspector General, not with the State government. Even assuming the State possessed a role in the process, the court underscored that the rules framed under the Police Forces (Restriction of Rights) Act, 1966, mandate that before revoking recognition, the association concerned must be given a reasonable opportunity to make representations against any proposed action.
Orders set aside
Quashing the bifurcation of the KPOA and its merger with the KPA and the KPSOA, the court also invalidated the creation of ad hoc committees that had been tasked with taking over the KPOA’s administration. The court’s decision effectively halts the reorganisation initiated by the Additional Chief Secretary and restores the status of the KPOA as a recognised association governed by its by-laws and elected bodies.
Petitions and arguments
In its petition, the KPOA contended that the State had no authority to dissolve a recognised association, amend its by-laws through executive orders, induct its members into another body, or merge and dissolve an association functioning in accordance with its own rules. The association sought protection for its continued existence, its elected body, its funds, and its independent legal status.
The KPA, in a separate petition, argued that the order infringed the fundamental right to form associations guaranteed by the Constitution. It further contended that the Additional Chief Secretary was not authorised to issue such an order, asserting that any modification of rights conferred on citizens who are part of forces responsible for public order is a matter within the competence of the Centre.
Significance
The ruling delineates the limits of executive intervention in the internal affairs of recognised police associations, reaffirming that their by-laws cannot be overridden unilaterally and that statutory procedures under the Police Forces (Restriction of Rights) Act, 1966, must be observed before any recognition is altered. It also clarifies that the power to recognise or derecognise such associations lies with the designated police authority, not the State government.
