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. 13365 OF 2024 PETITIONER: JOHN JOSEPH, AGED 55 YEARS, S/O VARKEY OUSEPH, THOTTIYIL HOUSE, N_PUNNAMATTOM, POTHANICAD, ERNAKULAM DISTRICT, PIN - 686671 BY ADVS. S.PRASANTH (AYYAPPANKAVU) VARSHA BHASKAR ANUPAMA SIBI MALAVIKA K. RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE HOME DEPARTMENT, REPRESENTED BY THE PRINCIPAL SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3 THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030 4 THE SUPERINTENDENT OF POLICE ERNAKULAM RURAL ALUVA, ERNAKULAM DISTRICT, PIN - 683578 5 THE STATION HOUSE OFFICER, POTHANICAD POLICE STATION, POTHANCIAD, ERNAKULAM, PIN - 686671 :2:
6 ELECTION COMMISSION OF INDIA, REPRESENTED BY ITS SECRETARY NIRVACHAN SADAN, ASHOKA RD, PANDIT PANT MARG AREA, SANSAD MARG AREA, NEW DELHI, PIN - 110001 7 STATE ELECTION COMMISSION KERALA, REPRESENTED BY ITS SECRETARY, JANAHITHAM, TC-27/6(2) VIKAS BHAVAN P.O THIRUVANANTHAPURAM, PIN - 695033 BY ADVS. SRI.DEEPU LAL MOHAN, SC 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: :3:
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 their safety and protection. 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.P3, the 6th 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 :4: 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 the Circular.
5. The petitioner apprehend 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
Commission filed a statement and submitted that a Screening Committee has been constituted and the :5: 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. 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 petitioner 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 :6: file application for exemption within two days and produce a copy of this judgment and a copy of exemption application before the 5th respondent-Station House Officer, the 5 th respondent shall not insist for surrender of arms till the Screening Committee takes a decision in the matter. Sd/- N. NAGARESH JUDGE SR :7: APPENDIX OF WP(C) 13365/2024 PETITIONER'S EXHIBITS: Exhibit P1 TRUE COPY OF THE ARMS LICENSE DATED 10-01-2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P2 TRUE COPY OF THE EXTRACT OF THE ARMS LICENSE NO. 148/KLM AS PER FORM III OF THE ARMS RULES ISSUED TO THE PETITIONER Exhibit P3 TRUE COPY OF THE LETTER NO.
464/INST/2009/EPS/87 DATED 01-09-2009 SENT BY THE ELECTION COMMISSION OF INDIA TO THE CHIEF SECRETARIES OF ALL STATES AND UNION TERRITORIES Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT REPORTED IN IN SAJI KURIACHAN VS DISTRICT COLLECTOR, ERNAKULAM 2011 1 KHC 214 ; 2011 1 KLT Exhibit P5 TRUE COPY OF LETTER NO.464LINSTL 2022 LEPS DATED 26-04-2022 SENT BY THE ELECTION COMMISSION OF INDIA TO THE CHIEF ELECTORAL OF ALL STATES/UTS RESPONDENTS' ANNEXURES: Annexure R6(a) THE PHOTOCOPY OF PROCEEDING NO. DCEKM/2829/2024/M3 DATED 20-03-2024 OF THE DISTRICT ELECTION OFFICER AND DISTRICT COLLECTOR, ERNAKULAM Annexure R6(b) THE PHOTOCOPY OF JUDGMENT DATED 20- 03-2024 IN WP(C)NO.11254/2024 OF THIS HON'BLE COURT. SR