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Synopsis

The Madras High Court on Friday painfully expressed that even after 75 years of Independence, the colonial slave system of extracting household and menial labour in the residences of higher-ranking police officers is still in effect in the state of Tamil Nadu.

Justice SM Subramaniam observed that while we are moving towards a more vibrant democracy, higher police officials in the state of Tamil Nadu are employing the colonial slavery system of extracting household and menial labour from trained uniformed police personnel.

“It is a slap on the Constitution and the democracy of our great Nation”, the court added.

Court further added that such uniformed trained police personnel are performing household and menial tasks in the residences of higher officials at the expense of taxpayers' funds and the public have the right to question the mindset of higher-ranking officials.

Additional Advocate General (AAG) appearing for State submitted that on August 5, 2022, the Director General of Police, Tamil Nadu issued a memorandum instructing Police officials to strictly follow the Government Orders and the interim orders passed by the High Court against the use of Police personnel for household work.

AAG further submitted that by the memorandum mentioned above 19 Police personnel were withdrawn and assigned to regular departmental duties.

The court observed that the spirit, philosophy, and ethos of the Indian Constitution declare that every citizen of our great Nation is a "Queen or King. No public servant can imagine or live in a world of Mughal emperors. Under the Constitution, all such authorities are 'public servants,' bound to serve the public by the principles enshrined in the Constitution and the Statutes and Rules enacted by the Parliament and the State Legislature.

“It is needless to say that indisciplined higher police officials lose morale when it comes to enforcing discipline in uniformed forces, especially against their subordinates”, Justice Subramaniam added.

Court noted that even after a two-month lapse, very few uniformed personnel were withdrawn from the household, and menial jobs were performed in the residences of higher-ranking Police officials, and “the integrity of the Police Department is in question, as is the Government of Tamil Nadu's effective control over the Police Department”, it said.

The court opined that the slavery system of employing uniformed Police personnel in the residences of higher officials must be abolished immediately, failing which the High Court will be forced to take other action under the provisions of the Indian Constitution.

The court, therefore, suo moto impleaded the Director General of Police and directed him to file a report/affidavit regarding the complete implementation of the order of the High Court and the Principal Secretary on or before August 18, 2022.

Case Title: WP No. 2627 of 2014