Abraham vs the District Collector

Abraham vs The District Collector

Type Court Judgment Court Kerala Decided Apr 01, 2024

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https://sooperkanoon.com/case/1320981

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Citation: sooperkanoon.com/1320981
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Apr 01, 2024
Case Number: WP(C)/13289/2024

Parties & Advocates

Appellant / Petitioner

Abraham

Respondent

The District Collector

Excerpt

.....the government and election commission.7. heard the learned counsel for the petitioner, the learned government pleader representing respondents 1 to 4 and the learned standing counsel representing the 5th respondent.8. taking into consideration the facts of the case, i amof the view that detailed consideration of the legal issuesprojected by the counsel for the petitioner would require completion of pleadings by the parties, which may render the writ petition infructuous due to time constraints. for the time being, it will be sufficient that the petitioner submits an application for exemption before the screening committee. the writ petition is accordingly disposed of permitting the petitioners to approach the screening committee seeking exemption from surrendering of arms. if the petitioner submits an application within two days from the date of receipt of copy of this judgment, the screening committee shall pass appropriate orders. if the petitioner files application for exemption within two days and produces a copy of thisjudgment and a copy of exemption application before the4th respondent-station house officer, the 4 th respondent shall not insist for surrender of arms till the screening committee takes a decision in the matter. sd/- n.nagaresh judge spk appendix of wp(c) 13289/2024 petitioner exhibits exhibit -p1 true copy of the, arms licenses bearing no. ln18318a7a19419 issued on 31-03-1989 in the name of the petitioner by the 2nd respondent exhibit -p2 true copy of the circular no.464/inst/2009/eps dated 01-09-2009 issued by the election commission of india regarding constitution of screening committee to regulate the deposit of guns during general election. respondent annexures annexure r5(a) the photocopy of letter no.464/inst/2022/eps dated 26-04-2022 issued by the election commission of india to the chief electoral officers of states and union territories annexure r5(b) the photocopy of proceeding no. dcknr/4406/2024-d1 dated 18-03-2024 of the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 WP(C) NO. 13289 OF 2024 PETITIONER: ABRAHAM, AGED 67 YEARS S/O PHILIP, KAYAM MAKKAL HOUSE, KANAMVAYAL, CHERUPUZHA P.O, KANNUR, PIN - 670511 BY ADVS. ROJO JOSEPH P.C.THOMAS P.T.JUDY NAVIA SEBASTIAN RESPONDENTS:
1 THE DISTRICT COLLECTOR COLLECTORATE, KANNUR, PIN - 670002 2 THE ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE, KANNUR, PIN - 670002 3 THE DISTRICT SUPERINTENDENT OF POLICE KANNUR DISTRICT, KANNUR, PIN - 670002 4 THE STATION HOUSE OFFICER CHERUPUZHA POLICE STATION,KANNUR DT, PIN - 670511 5 THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN, ASHOKA ROAD, NEW DELAHI, REPRESENTED BY IT'S CHIEF ELECTION COMMISSION., PIN - 110001 BY ADV DEEPU LAL MOHAN, STANDING COUNSEL, R5 SRI.SREEJITH V.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 1st day of April, 2024 The writ petition is filed by the petitioner aggrieved by the direction issued to deposit the licensed arms held by the petitioner prior to the impending Lok Sabha Elections, 2024 without any specific reasons.

2. The petitioner submits that the licence is issued for

protection of life and crops. Once deposited, the same could be reclaimed only after the declaration of the election results which would come only after a span of at least two months. Such deposit would destroy the very purpose of issuance of the valid arms licence.

3. As per Ext.P2, the 5th respondent-Election

Commission of India has issued guidelines to be complied with, prior to directing a valid arms licence holder to deposit his arms during the period of elections. However, in the case of the petitioner, no procedures laid down thereunder have been followed while directing him to surrender his arms.

4. This Court has categorically held in Joseph K. A. v.

District Collector, Kottayam and others [2019 (1) KLT 1034] that in the context of depositing of weapons during the period of election, orders can be passed for such depositing only after complying with the clauses in Ext.P2 Circular.

5. The petitioner apprehends that depositing his

validly held arms during such a long period will prevent him from protecting his life in the event he encounters any mishaps. The direction of the respondents to the petitioner to deposit his arms during the period of election dehors any legally tenable reason and dehors any finding to that effect by the Screening Committee, is untenable and is liable to be interfered with by this Court, contended the petitioner.

6. Standing Counsel representing the Election

Commissioner submitted that a Screening Committee has been constituted and the Screening Committee will be considering the issues in detail. However, if any licensee wants the arms to be retained during the election period, such licensees are entitled to seek exemption from the orders of the Government and Election Commission.

7. Heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 to 4 and the learned Standing Counsel representing the 5th respondent.

8. Taking into consideration the facts of the case, I am

of the view that detailed consideration of the legal issues

projected by the counsel for the petitioner would require completion of pleadings by the parties, which may render the writ petition infructuous due to time constraints. For the time being, it will be sufficient that the petitioner submits an application for exemption before the Screening Committee. The writ petition is accordingly disposed of permitting the petitioners to approach the Screening Committee seeking exemption from surrendering of arms. If the petitioner submits an application within two days from the date of receipt of copy of this judgment, the Screening Committee shall pass appropriate orders. If the petitioner files application for exemption within two days and produces a copy of this

judgment and a copy of exemption application before the

4th respondent-Station House Officer, the 4 th respondent shall not insist for surrender of arms till the Screening Committee takes a decision in the matter. Sd/- N.NAGARESH JUDGE spk APPENDIX OF WP(C) 13289/2024 PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE, ARMS LICENSES BEARING NO. LN18318A7A19419 ISSUED ON 31-03-1989 IN THE NAME OF THE PETITIONER BY THE 2ND RESPONDENT Exhibit -P2 TRUE COPY OF THE CIRCULAR NO.464/INST/2009/EPS DATED 01-09-2009 ISSUED BY THE ELECTION COMMISSION OF INDIA REGARDING CONSTITUTION OF SCREENING COMMITTEE TO REGULATE THE DEPOSIT OF GUNS DURING GENERAL ELECTION. RESPONDENT ANNEXURES ANNEXURE R5(A) THE PHOTOCOPY OF LETTER NO.464/INST/2022/EPS DATED 26-04-2022 ISSUED BY THE ELECTION COMMISSION OF INDIA TO THE CHIEF ELECTORAL OFFICERS OF STATES AND UNION TERRITORIES ANNEXURE R5(B) THE PHOTOCOPY OF PROCEEDING NO. DCKNR/4406/2024-D1 DATED 18-03-2024 OF THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, KANNUR ANNEXURE R5(C) THE PHOTOCOPY OF JUDGMENT DATED 20-03- 2024 IN WP(C)NO.11254/2024 OF THIS HON'BLE COURT

Same Court & Year Kerala · 2024 Same Parties Abraham vs The District Collector Same Judge Honourable Mr.Justice N.Nagaresh