Police Officers Have To Join Music Band Practice As Directed: MP High Court Reiterates

In a matter where several police constables were suspended over refusal to join the Police Department's music band, Madhya Pradesh High Court has asked three suspended constables from Morena to immediately sign up for band training.

The single-judge bench of Justice Anand Pathak took note of its earlier order in May that dismissed a similar petition, and mandated compulsory contribution in the police band team.

“….petitioners have to join at appropriate place where they have been directed to join. Since, they have given undertaking and they seek withdrawal of this petition, therefore, it is expected from the Police Authority that order dated 30/07/2024 shall not be proceeded coercively to the detriment of petitioners”, the bench sitting at Jabalpur clarified.

Harda SHO had placed three petitioner-constables under suspension on 30.07.2024 for refusing band training pursuant to the Independence Day celebrations at Bhopal. The High Court has now made it clear that these constables can prefer an appeal against the suspension order, which must be considered within 15 days since they are willing to join band practice immediately.

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.

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'. These constables were challenging one of the many similar orders, passed on 03.01.2024 by the Police Department which nominated them for the 'Band Basic Training Course'.

The state's counsel had then submitted that the formation of the Band aimed at bringing out 'the positive image of police in the eyes of public'. A common list was prepared since no one volunteered, submitted the state in May.

After hearing both sides, quoting historian Thomas Carlyle's words that 'Music is well said to be the speech of angels', Justice Pathak found the Department's directive to be 'instrumental in uplifting Community Policing and Public Relation'.

Concerning the lack of constables' consent for such 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 expostulated then and noted the following:

“…Creation of the Police Band would give access to the Public to invite Police Band in different cultural/ social/ ceremonial functions and in that 5 aspects, Police Band plays an important role…”, the Gwalior bench added in May.

Another group of constables earlier flocked to the High Court in February against the directive to join band practise mandatorily. Justice Subodh Abhyankar had 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.

Recently, 350 police brass band personnel, upon the initiative of state's CM Mohan Yadav, performed at Baba Mahakal's procession at Ujjain on July 29. Similarly, on July 18, the Band had also performed at 'Swar-Megh' program held by police officers and employees at Motilal Nehru Police Stadium, Bhopal in the presence of CM.

Advocate Ankit Saxena appeared for the petitioners. Government Advocate Lalit Joglekar represented the respondent state.

Case Title: Pankaj Singh Rajput & Ors v. The State Of Madhya Pradesh & Ors.

Citation: 2024 LiveLaw (MP) 171

Case No: Writ Petition No. 21183 of 2024

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