JIJESH Vs. COMMANDANT

JUDGEMENT

(1.) This writ petition is filed by the police personnel working in the KAP IVth Battalion at Mangattuparamba in Kannur District challenging the rejection of the nomination for the election of office bearers of Kerala Police Association.

(2.) Kerala Police Association has been formed by virtue of Government Order, GO.(Ms).No.134/79/Home dated 4.10.1979. Police Forces (Restriction of Rights) Act, 1966 is a Central enactment came into force in Kerala on 1.9.1979. Article 33 of the Constitution provides that the Parliament may by law determine to what extent any of the rights confirmed by Part III of the Constitution shall, in their application to the members of the Armed Force or the Forces charges with the maintenance of public order, be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them. Section 3 of the Police Force (Restriction of Rights) Act, 1966 restrict the right to form association, freedom of speech, etc., without the express sanction of the Central Government or of the prescribed authority. The Government of Kerala being the prescribed authority under the Rules by the aforesaid Government Order gave permission to form association to the Police personnel in Kerala.

(3.) Respondents 1 and 2 are the Commandant and Deputy Commandant of the KAP IVth Battalion. They have raised a preliminary point regarding the maintainability of the writ petition by way of an additional statement. According to the additional statement, the writ petition is not maintainable against the Police Association as the same is not a statutory body nor it discharges any public or statutory function.