Music Band Training Optional For Police Constables, Can't Send Them For Band Practice Without Written Consent: MP High Court

The single-judge bench of Justice Vivek Jain held that the constables can't be sent for participation and training in the police band team without their written consent.

The court took note of the state's earlier submission in WP No.3374/2024 to the effect that the police personnel are free to opt out of 90 days' band training if they are not willing to give their consent.

The state also did not dispute the earlier undertaking given by it in WP No.3374/2024.

“…this petition is also disposed of in the light of aforesaid order and it is held that the petitioners' case will also be dealt within similar terms and they would not be sent for training and participation in police band if they have not given their written consent...”, the bench sitting at Jabalpur noted.

On 18.12.2023, the Police Head Quarters, Bhopal issued a circular mandating the formation of a team of Police Band in every Battalion. Police Officers from the ranks of Constable to ASI, below the age of 45 years, were also required to give written consent to join the Band.

By WP No. 3374/2024, a group of constables had earlier approached the High Court in February against the directive to join band practice mandatorily. Justice Subodh Abhyankar then disposed of the petition with a direction to the state authorities for compliance with the letter issued by Dy. Inspector General of Police, Bhopal which made the 90-day training optional.

In a contrasting decision last week, a single-judge bench of Justice Anand Pathak took note of its earlier order in May that dismissed a similar petition, and mandated compulsory contribution to the police band team. This, in particular, was a matter where several police constables were suspended over their refusal to join the Police Department's music band. The court, before dismissing the petition, asked the three suspended constables from Morena to immediately sign up for band training.

On 29.05.2024, before a single-judge bench of Justice Anand Pathak at Gwalior, many SAF constables from Morena and Bhind submitted that they didn't give any such consent, and they would much rather 'discharge their duties by maintaining law and order'.

Concerning the lack of constables' consent for such a programme, the judge opined that Band Training must be regarded as a 'continuous skill enhancement programme'. Moreover, as a disciplined force, a plea of non-consent cannot be put forward by the constables, the single bench had said then.

Case Title: Smt. Kalabai v. Union of India & Ors.

Case No: Misc. Civil Case No. 1103 Of 2012

Citation: 2024 LiveLaw (MP) 183

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