Madhya Pradesh Police suspend 19 officers over skipping band practice sessions

A new initiative by the Madhya Pradesh Police to establish police bands in each district has encountered significant legal and operational issues. The controversy emerged following the suspension of 19 officers in July 2024 for failing to attend band practice sessions organized for Independence Day celebrations.

The Superintendents of Police in the districts of Raisen, Mandsaur, Khandwa, Sidhi, and Harda issued suspension notices on July 25 to officers who, despite being listed, did not attend the band practices scheduled across the state.

These officers were accused of "showing gross indiscipline and insubordination" for not attending band practice sessions.

“During the suspension period, they will be entitled to subsistence allowance as per regulations; they will not leave the headquarters without the permission of the Superintendent of Police (SP); and they will mark their attendance as per regulations,” reads the notice.

Raisen SP Vikas Kumar said, “The officers were asked to turn up for performance, and they vanished. They were then served suspension notices and ordered to stay at police lines. They are yet to turn up.”

In response, several affected police personnel approached the Jabalpur and Gwalior benches of the Madhya Pradesh High Court. They argued that they had neither consented to join the police band nor applied for it, as they preferred to focus on their primary law enforcement duties.

They contended that including their names in the police band list without their consent was “arbitrary and illegal," and that too without affording any opportunity of hearing to the petitioners. They also alleged that they are “facing the music of higher authorities.”

The police defended their decision in court, saying that they had initially sought written consent from officers but nobody appeared to give consent. As a result, they created a general list of officers for the band.

Justice Anand Pathak, while addressing the petition of five officers from the Gwalior Bench on May 29, rejected their plea. He referred to the Scottish essayist Thomas Carlyle’s view that “music is well said to be the speech of angels” and emphasized the importance of the police band in enhancing public relations during cultural and ceremonial events.

On the lack of consent, the court ruled that the police training “may be treated as a continuous skill enhancement program; therefore, no prior consent is required to be taken from the petitioners.”

The court said that the “police is a disciplined force and, therefore, such a plea cannot be raised by the petitioners that they are entitled to perform the duties as per their consent. This would be the antithesis of the disciplined force.”

By August 1, three constables from Jabalpur withdrew their petitions after learning of the Gwalior bench’s order. The court also advised the police not to “proceed coercively to the detriment of petitioners, and if petitioners prefer an appeal against the order of suspension, then the same shall be taken into consideration sympathetically.”

The initiative for police bands was introduced by Madhya Pradesh Chief Minister Mohan Yadav to enhance Independence Day celebrations across various districts. On July 29, a band of 350 police officers performed at the Mahakal Sawari celebrations in Ujjain, showcasing the public aspect of the project.

The initiative was formalized on December 18, 2023, when the Police Headquarters in Bhopal issued a circular mandating the formation of police bands in every battalion “because it would be helpful to bring out the positive image of police in the eyes of the public.”

The circular mandated the “consent of the police personnel from the rank of constable to ASI to perform duties as members of the police band." A list of interested officers below the age of 45 years was directed to be prepared.