Kerala High Court
T.K. Rajan vs State Of Kerala on 5 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 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 14266 OF 2024
PETITIONERS:
1 T.K. RAJAN, AGED 73 YEARS
S/O. KUNHI PILLAI, THANNIKUZHIYIL (H),
KATTIKULAM P.O., MANANTHAVADY, WAYANAD - 670646
2 MICHAEL FRANCIS, AGED 43 YEARS
S/O. FRANCIS, KALLIVAYALIL, KATHAMBA ESTATE,
MEPPADI P.O., WAYANAD, PIN - 673577
BY ADVS.
SAJI KURIACHAN
M.R.NANDAKUMAR
JAYAPRAKASH NARAYANAN
ARJUN ANIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695036
2 THE DISTRICT COLLECTOR
NORTH KALPETTA P.O., WAYANAD, PIN - 673122
3 THE SUPERINTENDENT OF POLICE
KALPETTA, WAYANAD, PIN - 673122
4 THE STATION HOUSE OFFICER
THIRUNELLY POLICE STATION,
THIRUNELLY P.O., WAYANAD, PIN - 670646
5 THE STATION HOUSE OFFICER
MEPPADY POLICE STATION, MEPPADI P.O.,
WAYANAD, PIN - 673577
SRI.SREEJITH V.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.14266 of 2024
2
JUDGMENT
Dated this the 5th day of April, 2024 The writ petition is filed by the petitioners aggrieved by the direction issued to deposit the licensed arms held by the petitioners prior to the impending Lok Sabha Elections, 2024 without any specific reasons.
2. The petitioners submit that the licences are 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.P1 Circular dated 01.09.2009, the 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 petitioners, no procedures laid down WP(C) No.14266 of 2024 3 thereunder have been followed while directing them to surrender their 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 petitioners apprehend that depositing their validly held arms during such a long period will prevent them from protecting their lives in the event they encounters any mishaps. The direction of the respondents to the petitioners to deposit their 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 petitioners.
6. Government Pleader representing the respondents submitted that a Screening Committee has been constituted and the Screening Committee will be considering the issues in WP(C) No.14266 of 2024 4 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 petitioners 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 petitioners submit 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 petitioners submit an application within two days from the date of receipt of copy of this judgment, the Screening Committee shall pass appropriate orders. If the petitioners file application for exemption within two days and produce a copy of this WP(C) No.14266 of 2024 5 judgment and a copy of exemption application before respondents 4 and 5, respondents 4 and 5 shall not insist for surrender of arms till the Screening Committee takes a decision in the matter.
Sd/-
N.NAGARESH JUDGE spk WP(C) No.14266 of 2024 6 APPENDIX OF WP(C) 14266/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CIRCULAR DATED 01.09.2009 FROM THE ELECTION COMMISSION Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 10-01- 2011 IN W.P.(C) NO.9933, 10598 OF 2009