Kerala Police Association moves High Court against Home dept.’s order restructuring police forums

Resentment is brewing in the lower echelons of the State police in the wake of an order issued by the Additional Chief Secretary (Home) (ACS) restructuring the membership framework and organisational structure of police associations.

A day after the order was issued, on Wednesday, the Kerala Police Association (KPA), comprising civil police officers (CPOs) and senior civil police officers (SCPOs), moved a writ petition in the High Court seeking quashing of the order, which it termed illegal and violative of the fundamental rights guaranteed under the Constitution. The association also challenged the jurisdictional authority of the ACS (Home) to pass the order.   

The July 27 order, issued by Minhaj Alam, ACS (Home), cites a recommendation made by the State Police Chief and orders the restructuring of the KPA to include all civil police officers, senior civil police officers, grade assistant sub-inspectors, assistant sub-inspectors and grade sub-inspectors. It also prescribes that officers from the rank of sub-inspector up to the rank of Superintendent of Police (non-IPS) be included in the Kerala Police Senior Officers’ Association (KPSOA), which presently comprises Deputy Superintendents of Police and Superintendents of Police (non-IPS). This will render the Kerala Police Officers’ Association (KPOA), presently comprising assistant sub-inspectors, sub-inspectors, and inspectors, defunct.

Division of assets

After the KPOA is dissolved, its legal rights, liabilities, office premises, accounts and assets will be divided between the two remaining organisations. Accordingly, 60% of the KPOA’s bank accounts, assets, records, and liabilities will be transferred to the KPA, while the remaining 40% will be transferred to the KPSOA.

In its writ petition, the KPA argued that each of these associations, formed following the recommendations of the National Police Commission in 1979, had functioned independently with different objectives ever since, strictly adhering to the guidelines issued by the government from time to time and to by-laws prepared and approved by the government.

Arbitrary order

The association further argued that the latest order was issued without any consultation and it did not explain why a restructuring was exigent. The purpose of the reorganisation has not been mentioned in the order, which is therefore arbitrary, the KPA said, making a plea for an interim stay on the order.