Colonial slavery system continues in TN police dept, laments HC

CHENNAI: Observing that when we are progressing towards vibrant democracy, the higher police officials in the State of Tamil Nadu are following the colonial slavery system of extracting household and menial works from the trained uniformed police personnel, the Madras High Court suo motu impleaded the Director General of Police and ordered him to file a report on August 18 to explain the action taken for abolishing the orderly system in the police department.

“We, the people of India, are celebrating the 75th year of Independence. It is painful to pen down that the colonial slavery system of extracting household and menial works in the residences of the higher police officials is still prevailing in the State of Tamil Nadu. It is a slap on the Constitution and the democracy of our great nation, ” Justice SM Subramaniam held.

The judge made these observations after the Additional Advocate General P Kumaresan assisted by special government pleader S Anitha, submitted that the DGP sent a memorandum to return the orderlies in August and about 19 orderlies had reported back to duty.

On hearing the submission, the judge expressed shock that only 19 orderlies had been returned by the higher officials.

“It is an issue to be considered seriously. Such uniformed trained police personnel are performing the household and menial jobs in the residences of the higher officials at the cost of the taxpayers’ funds. The public has the right to question the mindset of the higher officials, ” the judge observed.

He further pointed out that the initial order of the State dated June 16, 2022, to abolish the orderly system has not been followed scrupulously by the police department. “The DGP, except by issuing memorandum, has not ensured that the uniformed personnel are withdrawn from the residences of the police officials, ” the HC noted.

“It is the integrity of the Police department in question and the effective control of the Police department by the Government of Tamil Nadu, ” Justice Subramaniam added.

Stating that the effective administrative control of the Government departments is the constitutional mandate, the judge insisted that mere communication and inter-departmental communications are insufficient, adding, “implementation of the orders of the Government is of paramount importance. Once the government issued an order, it is needless to State that the police department has to follow it scrupulously, failing which, they are liable to be prosecuted under the Service Rules.”

The judge further noted that no public servant shall consider that they are in the era of Mughal Emperors and all such authorities under the Constitution are 'public servants and they are bound to serve the public.

Recalling the decision taken in the Chief Ministers Conference held in September 1979 to abolish the orderly system, justice Subramaniam held, “indisciplined higher police officials lose their morale in enforcing discipline in uniformed forces, more so, against their subordinate officials.”

In his direction, the judge wanted the DGP to clarify whether the order of the government to abolish the orderly system had been withdrawn or not. The court also wanted to know whether the illegal occupation of the Government accommodation by the higher police officials has been dealt with or not.

Apart from the orderly system, the judge directed the DGP to file a response in connection with the eradication of the usage of black films in the vehicles of the higher officials and using of the department’s names in private vehicles as well.