KOCHI: The Kerala High Court on Tuesday quashed the Home Department's order reorganising and streamlining the state's police service associations from three to two, dissolving the Kerala Police Officers Association (KPOA). Under the new structure, the two recognised organisations are the Kerala Police Association (KPA) and the Kerala Police Senior Officers Association (KPSOA).
Justice Bechu Kurian Thomas issued the order in response to petitions filed by the Kerala Police Officers Association and the Kerala Police Association challenging the order. The petitioners contended that the order was issued without stating any reasons for reconstituting the police associations. It was further argued that, under Article 33 of the Constitution, the power to modify the fundamental rights of members of the armed forces and forces charged with maintaining public order rests exclusively with Parliament.
The court said that the recognition granted to members of the police force to form associations has not been revoked either by the State Police Chief or by the Government. Thus, under no circumstances could the Government have interfered with the structure of the recognized police associations.
Based on an oral direction, the Advocate General produced a copy of the State Police report dated September 29. The report reveals that, although three representations were received on June 15 requesting the formation of two associations instead of the existing three, due to practical difficulties, after discussion the State Police Chief recommended and proposed the retention of the three associations as ideal, with a slight change in composition. The Home Department's order, however, goes contrary to the said proposal.
The court said that, instead of retaining the three associations as proposed by the State Police Chief, the Government, by the order, reconstituted the two associations.
After abolishing KPOA, all rights and liabilities, and the amounts remaining in the bank account of the abolished association, were to be distributed among the other two associations. From the reading of the order, it is obvious that KPOA has been completely abolished and the right to continue the said association has been interfered with. Hence, the Government has interfered with the rights of the members of the association, contrary to the by-laws. It is evident that the order is an intrusion into the rights of the petitioners.
The order is abolishing KPOA and interfering with the membership and assets of the association without the consent of its members and contrary to the by-laws, and is legally invalid. Consequently, the orders constituting the ad hoc committees have no legs to stand; hence, they are also quashed, said the court.