The State Home Department’s order was aimed at reorganising three associations representing different ranks of police personnel. The State’s move resulted in the dissolution of one of the three police associations (KPOA), while the remaining two were to be retained in a reorganised form.
This was challenged before the High Court by the KPOA.
Justice Bechu Kurian Thomas today ruled in KPOA’s favour, holding that the State did not have the power to restructure the three police associations in the way it did, that its decision interfered with the constitutional right of the police officers to continue in their associations.
“The recognition granted to the members of the police force to form associations has not been revoked either by the State Police Chief or even by the government. Thus under no circumstances could the government have interfered with the structure of the recognized police associations,” it added.
The Court further held that the freedom to form associations guaranteed under Article 19(1)(c) of the Constitution is not exhausted once an association is formed, but extends to preserving the association and its composition.
“The freedom to form an association and freedom to continue the association are both facets of Article 19(1)(c) of the Constitution,” the Court said.