The Hindu : Swamy moves HC against denial of recognition for police association

Online edition of India's National Newspaper
Wednesday, Jun 18, 2003

Southern States

Southern States - Tamil Nadu

Swamy moves HC against denial of recognition for police association

By Our Staff Reporter

CHENNAI JUNE 17. The Janata Party president, Subramanian Swamy, has moved the Madras High Court against denial of recognition for a police association by the Director-General of Police in July last.

The First Bench, comprising the Chief Justice, B. Subhashan Reddy, and Justice K. Govindarajan, admitting the petition, ordered notices to the Home Secretary and the DGP, returnable in four weeks.

In pursuance to an earlier High Court order directing the Government to consider representations from police personnel seeking recognition for their association and pass appropriate orders, the DGP ``considered the plea and rejected'' it on July 27 last stating ``permission to form an association for the subordinate police officials cannot be granted, and there is no necessity for the same.'' Dr. Swamy's subsequent contempt petition against the DGP was dismissed by the High Court in February 2003. As he had preferred the plea without ``prejudice to his right to challenge'' the DGP order separately, Dr. Swamy filed the present petition seeking to quash the DGP decision.

According to Dr. Swamy, the DGP disposed of the representation only on the ground stated in the counter-affidavit in an earlier case and did not consider the case ``with an open mind.'' Pointing out that there was no prohibition on the policemen from floating an association, he said the only condition was that they should obtain prior permission from the authority concerned. He also stated that the Government had not indicated the parameters based on which the representations were rejected. The Government could not delegate the power to recognise the union to the police chief, he submitted.

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