Freedom to form associations might be a fundamental right recognised under the Constitution, but it has certain limitations and it cannot be construed as an absolute right, the Madras High Court ruled while dismissing a plea moved to recognise the Tamil Nadu Police Constabulary Association.
Although a number of similar pleas have been rejected by the High Court in the past, the present petition has been moved by a Grade I Constable – M. Sentil Kumar with a hope to achieve what his predecessors could not get.
Mr. Kumar, a police constable attached to Kottampatti Police Station, Melur Sub Division, Madurai, wanted the High Court to direct the Director-General of Police (DGP), Chennai, to consider and pass appropriate orders on his representation of December 6, 2014 seeking to recognise the association floated by him, in view of Article 19 (1) (c) of the Constitution.
According to the petitioner, authorities could not prevent the police constabulary from forming an association, as it was a fundamental right conferred on every citizen.
Denying the claims, the police authorities, relying on a series of similar cases dismissed by the High Court, contended that freedom to form association was not an absolute right.
“In view of the fact that a number of police grievance cells having been constituted by the State government for redressing grievances of the police personnel, the DGP has come to the conclusion that there is no necessity to grant recognition to the association,” the officials said.
The police authorities argued that the relief prayed could not be granted as the petition was devoid of merits.
