Delhi HC issues notice to Home Ministry, others on plea against police officers joining unauthorized association

The Delhi High Court has sought the Centre’s response on a plea filed by ex-officers of paramilitary forces against the running of the Central Indian Police Service Association by the current officers of police forces, CBI, paramilitary forces, National Investigation Agency and Intelligence Bureau without express sanction from the Central Government.

A single-judge bench of Justice Prathiba M. Singh issued notice to the Ministry of Home Affairs (MHA) and directed it to file an affidavit explaining as to what action has been taken against the functioning of the said association, which, admittedly, has not been recognised by the MHA.

The counsel for the petitioner has contended that as per the Police-Forces (Restriction of Rights) Act, 1966, it is not permissible for any member of the police forces to form an association without express sanction from the Central Government.

The petitioner further averred that they made various representations to the MHA to take action against the said association, however, no action has been taken. The petitioners also referred to the order of the Central Information Commission wherein the MHA has taken a specific position that this association is not a recognized association.

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The petitioners’ further submitted that same has been recently confirmed vide communication dated January 7, 2021, which was issued to one of the petitioners pursuant to his representation. The same reads as under:

“I am directed to refer to your letter dated 17/12/2020 on the subject noted above and to say that Police-I, Division, MHA has not recognized or approved Central IPS Association (CIPSA), hence, Police-I Division, Ministry of Home Affairs has no comments to offer in the matter.”

The Delhi High Court has issued notice to all the respondents including the MHA, CBI etc and has granted four weeks’ time to file the affidavit. The Court will hear the matter on May 20.