Kerala High Court
Aju Thomas vs State Of Kerala on 12 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 14319 OF 2024
PETITIONER:
AJU THOMAS
AGED 54 YEARS
S/O.V.THOMAS, MUNDACKAMALIKUDY HOUSE,
VENGOLA, ALLAPRA, ERNAKULAM.,
PIN - 683556
BY ADVS.
RAJESH VIJAYAN
SIKHA S.NAIR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.,
PIN - 695001
2 DISTRICT COLLECTOR, ERNAKULAM
CIVIL STATION, KAKKANAD.,
PIN - 682030
3 DISTRICT POLICE CHIEF, ERNAKULAM RURAL
OFFICE OF THE DISTRICT POLICE CHIEF,
ALUVA, ERNAKULAM., PIN - 683101
4 STATION HOUSE OFFICER, PERUMBAVOOR
PERUMBAVOOR POLICE STATION, ERNAKULAM.,
PIN - 683542
SMT.REKHA C.NAIR-SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.14319 Of 2024
2
JUDGMENT
Dated this the 12th day of April, 2024 The petitioner is aggrieved by the order passed by the Screening Committee constituted for surrender of Arms in respect of which licences are issued under the Arms Act, 1959.
2. The petitioner hold Arms on the basis of licence issued under the Arms Act. In view of the impending Lok Sabha Elections, 2024, the Station House Officer directed the petitioner to surrender his Arm in order to ensure peaceful, free and fair Elections.
3. The petitioner is aggrieved by the directions. The petitioner submits that he has obtained Arms Licence for protection of his safety and protection. The licence was granted to the petitioner after making due enquiries and finding that the petitioner require Arms Licence for protection WP(C) No.14319 Of 2024 3 of his life / property. The respondents are compelling the petitioner to surrender the Arm as Elections are notified.
4. Counsel for the petitioner pointed out that Election process will take two to three months for completion of polling and declaration of results. If during this period the Arms is surrendered, the life and property of the petitioner will be put to danger. The Screening Committee constituted pursuant to the directions of the Election Commission has not considered the issues in its true and proper perspective. The Committee has not taken into account the threat perception in respect of the petitioner. Therefore, the respondents are not justified in insisting surrender of Arms for such a long duration.
5. Senior Government Pleader entered appearance and resisted the writ petition. The Senior Government Pleader denied all the allegations made by the petitioner in the writ petition. On behalf of the respondents, it is pointed out that the decision to direct the licence holders to surrender Arms has WP(C) No.14319 Of 2024 4 been taken with a good intention of ensuring free and peaceful Lok Sabha Elections, 2024. There were instances of law and order violations during earlier Election times and supporters of some political parties resorted to violence. Law and order has to be ensured for a free and democratic process of Election.
6. The decision to direct the licence holder to surrender the Arms has been taken on the basis of the directions of the Election Commission of India, which is a constitutional authority. There is no illegality or arbitrariness in doing so. The direction is strictly keeping in mind the larger public interest and for the smooth and peaceful conduct of Elections. The petitioner does not have a fundamental right to insist that he should be permitted to hold Arms. Furthermore, surrender of Arms is only for a brief and short time. There is a possibility of security threat during Elections especially when prominent politicians are campaigning. The writ petition is WP(C) No.14319 Of 2024 5 devoid of merit and liable to be dismissed, contended the Senior Government Pleader.
7. I have heard the learned Counsel for the petitioners and the learned Government Pleader representing the respondents.
8. It is evident that the Station House Officer insisting to surrender Arms on the basis of the directives of the Election Commission of India. Ext.P3 is a Circular issued by the Election Commission of India to the Chief Secretaries of all States and Union Territories and to the Chief Electoral Officers of all States and Union Territories. The Circular deals with preventing law and order issues and to ensure conduct of peaceful, free and fair poll during the general Elections / Bye- Elections.
9. A perusal of Ext.P3 Circular would indicate that the Election Commission has advised that immediately after the announcement of Elections, the District Magistrates shall WP(C) No.14319 Of 2024 6 make a detailed and individual review and assessment (in accordance with the prevalent State laws) of all licensed Arms holders so that licensed Arms, in those cases where they consider it essential are impounded in order to ensure maintenance of law and order so essential for ensuring free and fair Elections.
10. Ext.P3 would indicate that the Election Commission has given certain instances where the surrender of Arms should be insisted. Among cases which may need to be reviewed, the Arms Licences of persons released on bail, Arms Licence of persons having a history of criminal offences and Arms Licence of persons previously involved in rioting at any time but especially during the Election period, all the afore categories should be subjected to review. The Election Commission has also stated that afore categories are only illustrative in nature and not exhaustive. WP(C) No.14319 Of 2024 7
11. From the pleadings and arguments, it emerges that the Screening Committee constituted pursuant to the directives of the Election Commission of India has taken a decision to grant exemption to certain Arms Licence holders, who are working for financial institutions. There is no material to indicate that the Screening Committee has considered the important aspects as to whether the petitioner herein is released on bail or whether he has any history of criminal offences and as to whether he was involved in any type of rioting etc., in the past.
12. In the circumstances, I am of the view that the Screening Committee shall reconsider / review the case of the petitioner. Unless the surrender of Arms is reasonably necessary in the light of the parameters provided by the Election Commission, there cannot be blanket directions to surrender Arms.
WP(C) No.14319 Of 2024 8 The writ petition is disposed of. Orders impugned in this writ petition rejecting the exemption application of the petitioners, are set aside. The Screening Committee is directed to reconsider the matter in the light of the Arms Act and Rules, notification and guidelines issued by the Election Commission of India and after obtaining necessary inputs from the police authorities as is found necessary. Till a decision is taken afresh, the status quo as regards possession of Arms by the petitioner shall be maintained.
Sd/-
N.NAGARESH JUDGE hmh WP(C) No.14319 Of 2024 9 APPENDIX OF WP(C) 14319/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ARMS LICENSE WHICH IS VALID UP TO 20.11.2025 ISSUED TO THE PETITIONER BY ARMS LICENSE ISSUANCE AUTHORITY.
Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 11.03.2024.
Exhibit P3 TRUE COPY OF THE CIRCULAR DATED 01.09.2009 FROM THE ELECTION COMMISSION.
Exhibit P4 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR DATED 23.03.2024.
Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED BY THE COCHIN ARMOURY DATED 02.04.2024.