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2016 Supreme(Bom) 1202

S.C.DHARMADHIKARI, SHALINI PHANSALKAR JOSHI
Janardan Vasant Patil – Appellant
Versus
Director General of Police, State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners: Mr. Arshad Shaikh with Mr. Sanjay Udeshi, Mr. Mahesh Londhe, Mr. Netaji Gawde, M/s. Sanjay Udeshi and Co.
For the Respondents: Ms. Purnima Kantharia, Government Pleader with Ms. Deepali M. Patankar.

JUDGMENT :

S.C. DHARMADHIKARI, J.

1. This writ petition under Article 226 of the Constitution of India raises a question of great significance and importance. That question is whether the respondents to this writ petition were justified in rejecting the application of the petitioners before us requesting for grant of permission to form an association of police personnel for the rank of Assistant Superintendent of Police and below.

2. Though the petitioners have understood the controversy as above, there are other issues involved. That is arising out of a refusal of the then Director General of Police, vide the impugned order, to the concerned police officials to establish an association of policemen. It is the permission to establish such association which itself is rejected. This rejection is challenged on the ground that it violates the freedom guaranteed vide Article 19 of the Constitution of India and particularly Article 19(1)(c). That right to freedom and in the subject case of forming association or union cannot be denied only on the ground that the applicants or persons seeking to establish the association are policemen. It is stated that clause 4 of Article 19 does not in any






























































































































































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