Kerala High Court
P A Joseph vs State Of Kerala on 11 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 14655 OF 2024
PETITIONER:
P A JOSEPH
AGED 59 YEARS
PLAKKOOTTATHIL HOUSE, CHOVVA P.O,
KANNUR, PIN - 670006.
BY ADV ASWANTH P.T.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY
THIRUVANTHAPURAM, PIN - 695001.
2 THE CHIEF ELECTORAL OFFICER
VIKAS BHAVAN, LEGISLATIVE COMPLEX,
THIRUVANTHAPURAM, KERALA, PIN - 695033.
3 THE DISTRICT COLLECTOR
KANNUR P.O, KANNUR, PIN - 670002.
4 THE COMMISSIONER OF POLICE
KANNUR P.O, KANNUR, PIN - 670002.
5 THE STAION HOUSE OFFICER
KANNUR TOWN STATION, KANNUR - 670002.
BY ADV.SMT.REKHA C NAIR, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.14655 Of 2024
2
JUDGMENT
Dated this the 11th 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 his life. 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. The petitioner submits that the petitioner was forced to surrender the fire arm on 30.03.2024.
3. As per a Circular, the Election Commission of India has issued guidelines to be complied with, prior to directing a WP(C) No.14655 Of 2024 3 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 the Circular.
5. The petitioner has deposited the Gun. 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, WP(C) No.14655 Of 2024 4 contended the petitioner.
6. Government Pleader representing the respondents filed 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. 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 WP(C) No.14655 Of 2024 5 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, the Screening Committee shall pass orders thereon within a further period of seven days. If the exemption is granted, the 5th respondent-Station House Officer concerned shall release the Arms to the licence holder / petitioner.
Sd/-
N.NAGARESH JUDGE ams WP(C) No.14655 Of 2024 6 APPENDIX OF WP(C) 14655/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF ARMS LICENCE BEARING LICENCE NO. LN18318A1870722 DATED 31.10.2022 Exhibit P2 THE RECEIPT ISSUED BY THE RESPONDENT NO.5 DATED 30.03.2024 Exhibit P3 THE TRUE COPY OF EX-SERVICE MAN IDENTITY CARD OF THE PETITIONER Exhibit P4 THE RELEVANT PORTION FROM THE CIRCULAR ISSUED BY THE ELECTION COMMISSION DATED 09.01.2009