HC says, SHOs have no power to order Gun Surrender through Phone Calls

In a significant ruling ahead of election enforcement, the Kerala High Court has held that police cannot compel licensed gun holders to surrender their firearms through informal phone calls. The Court allowed two writ petitions and ordered the immediate return of weapons, reinforcing that election-related restrictions must follow due process and cannot bypass statutory safeguards.

The case arose when local Station House Officers allegedly instructed licensed firearm holders to deposit their weapons ahead of the Legislative Assembly elections, relying only on telephonic directions. The petitioners contended that such actions lacked legal backing and violated the Election Commission’s prescribed procedure, which requires case-specific evaluation and formal orders. Despite this, both individuals had already deposited their firearms, claiming they acted under pressure from the police.

Examining the issue, the Court underscored that election guidelines do not permit blanket or informal directives. It stressed that any decision to require surrender must be based on individual assessment and passed by a competent authority through a reasoned order. Rejecting the validity of verbal instructions, the Court observed, “the petitioners are not under any obligation to surrender their arms based on phone call… the competent Authority… will pass necessary Orders, if required.” 

Consequently, the Court directed the SHO to return the firearms within two days and allowed the petitions.