Tuesday, 17 May, 2022
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Govt questions legality of IPS Association, says it never sanctioned such a body

According to an RTI reply, home ministry says no member of police force has right to form any association without the 'express sanction' of the central govt.

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New Delhi: The legality of the IPS Association has again come into question with the Ministry of Home Affairs (MHA) now saying it never recognised or approved its formation.

In a case heard by the Central Information Commission (CIC) on whether the association has government sanction, the MHA also said the police force does not have the right to form any association without the permission of the central government.

“As per Section 3 of The Police Forces (Restrictions of Rights) Act, 1966, no member of police force has a right to form any association without the express sanction of the Central Government,” the MHA said, according to the CIC order.

“The respondent (MHA) further submitted that the MHA has not recognised or approved any Police Force Association thus, no information in this regard is available with the respondent authority,” added the CIC order in response to an RTI filed in 2018.

The RTI was filed by one Nutan Thakur, who sought to know whether the home ministry has any information or documents regarding the existence of the IPS Association and whether it is recognised by the government.

Given the submissions by the home ministry, the CIC concluded: “Since the MHA has not approved the constitution of a Police Force Association, the information sought for by the appellant is not available with the respondent.”

The CIC further directed the home ministry to file an affidavit before it, deposing that the ministry has not approved the constitution of a police association.

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‘IPS Association doesn’t act like a trade union’

This is not the first time that questions were raised over the legality of the IPS Association.

In 2013, Amitabh Thakur, an IPS officer, had claimed that the association was an illegal body, and even tried to register a case against the office-bearers of the association.

Thakur made this claim under the same Police Forces Act, which has been cited by home ministry.

According to the Act, “No member of a police force shall, without the express sanction of the Central Government or of the prescribed authority, be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations…”

The Act further says: “If any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature, the decision of the Central Government thereon shall be final.”

The IPS Association’s legality is, however, not under scanner because it does not “unionise,” said an IPS officer who didn’t want to be named.

“The IPS Association does not act like a trade union…There have been so many cases involving IPS officers, but the association has never taken sides,” the officer said.

“It merely acts like a common platform of sorts, and that is not barred…If it was illegal, it would not have existed for so many decades.”

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  1. All prize postings in CPMF go to IPS officers. Therevis great amount of disparity. By and large, an IPS Officer very rarely gets hauled up in CPMF, as compared to Cadre Officers

  2. Why is the MHA silent all these years. Because these members are close to the corridors of political power, its seem to be taking undue advantage ,hoodwinking the nation for own benefits. High time the action is taken by the govt.and debarred by SC in NFU matter.

  3. The IPS Association in a deceptive manner launched a case in Supreme Court regarding service matters against CAPFs. In individual capacity they could have gone to the Supreme Court not as IPS Association. Their act is deceptive. How such an illegal association can file a petition hoodwinking the Honor Apex court. It’s the need of the hour that apex authority & d central govt take suo moto cognizance in the matter
    and initiates action against this sordid illegality .

  4. An unlawful organization and see the daring, that it represented itself as the sole petitioner in Hon’ble Supreme Court of India to deny the rights of CAPF. The way, #The Print has brought out the facts now it is the responsibility of the democratic government that suitable punitive action should be taken against the concerneds and similarly necessary steps be taken to grant the consequential benefits of OGAS to CAPF. Since, till the time they will remain in CAPF they will not allow the execution of Coutrs judgement and cabinet decision in letter and spirit. The difference is clearly visible, if one FINDS that how a similar court Judgement is implemented in RPF and CAPF.

  5. In the light of oath taken in the beginning of joining the service ‘to serve the nation anywhere through land, air or sea’ and ‘to carry out all the lawful orders of the person placed for the time being one’s in-charge, even at the risk of loosing life’; neither there exists any requirement of forming service associations nor these are permitted (except for cultural, literary or recreational purposes with prior permission of the govt) nor permitted under relevant conduct rules.

  6. Then how IPS Association fought a case regarding service matters against CAPFs case in Supreme Court? They should have gone to Supreme Court as individuals and not as IPS Association. Their act is deceptive

  7. Has “ips association” formally applied to be REGISTERED as IPS Association? If it is only a group of friends and colleagues who belong to the same fraternity and occasionally exchange notes on a bouquet of issues, then how can the government stop them from dojng so? Has any IPS officer ever claimed that the reason for his saying, doing, or thinking something is some eentity called “IPS Association”? Government cannot apply 144 to people’s thinking!

  8. Wonder such an illegal association can file a petition fooling d Apex court.
    Hope apex authority n d central govt take suo moto action against it.

  9. Police Officers are supposed to be well versed with law of the land. How comes that these officers have not reacted to this illegal act. Once illegality of action unearthed, how no FIR so far? It should have been done sou moto.

  10. Some believe in the letter of the law. That makes lawyers very rich. I believe in its spirit. Consider Britain, without a written Constitution, which of our two countries is more successful in the practice of orderly democracy. There are IAS Associations all over the country, so there really should be no reservation to their uniformed cousins having one of their own. Ab tak ijaazat nahin di, Toh bhavishya ke liye de dijiye.

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