Kerala High Court
Mohammed Hazeem 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. 14881 OF 2024
PETITIONER:
MOHAMMED HAZEEM
AGED 59 YEARS
S/O. ABDUL SALAM,
RESIDING AT MANAPAT HOUSE, MADAVANA POST,
KODUNGALLUR, THRISSUR, PIN - 680666
BY ADVS.
K.C.ELDHO
S.BIJILAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE DISTRICT COLLECTOR
CIVIL STATION, THRISSUR COLLECTORATE,
AYYANTHOLE, THRISSUR, PIN - 680003
3 THE SUPERINTENDENT OF POLICE(THRISSUR RURAL),
OFFICE OF THE SUPERINTENDENT OF POLICE,
THRISSUR, PIN - 680003
4 THE STATION HOUSE OFFICER
KODUNGALLUR POLICE STATION,
KODUNGALLUR, PIN - 680307
5 THE STATE ELECTION COMMISSION
REPRESENTED BY STATE ELECTION COMMISSIONER
'JANAHITHAM' VIKAS BHAVAN,
THIRUVANANTHAPURAM, PIN - 695033
WP(C) No.14881 of 2024
2
6 THE ELECTION COMMISSION OF INDIA
REPRESENTED BY CHIEF ELECTION COMMISSIONER,
NIRVACHAN SADAN, ASHOKA ROAD,
NEW DELHI, PIN - 110001
BY ADV DEEPU LAL MOHAN
SMT.REKHA C. NAIR, SENIOR 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.14881 of 2024
3
JUDGMENT
Dated this the 12th 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 his self 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.P2 Circular, 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 WP(C) No.14881 of 2024 4 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 Commission filed a statement and submitted that a Screening WP(C) No.14881 of 2024 5 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 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 WP(C) No.14881 of 2024 6 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 hmh WP(C) No.14881 of 2024 7 APPENDIX OF WP(C) 14881/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LICENSE OF THE RIFLE 1927 Exhibit P2 A TRUE COPY OF THE CIRCULAR VIDE LETTER NO.464/INST/2009/EPS DATED 01/09/2009 Exhibit P3 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.9933 OF 2009 DATED 10/1/2011 OF THIS COURT Exhibit P4 A TRUE COPY OF THE INTERIM ORDER IN WPC NO.27085 OF 2020 DATED 11/12/2020 OF THIS COURT Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WP(C) NO. 2467 OF 2021 DATED 16-3-2021 OF THIS COURT RESPONDENT ANNEXURES ANNEXURE R6(A) THE TRUE COPY 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 R6(B) THE TRUE COPY OF PROCEEDING NO.DCTSR/3172/2024-C5 DATED 17-03-2024 OF THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, THRISSUR ANNEXURE R6(C) THE TRUE COPY OF JUDGMENT DATED 20-03- 2024 IN WP(C)NO.11254/2024 OF THIS HON'BLE COURT