Telangana High Court
Dr. Dvrao vs Election Commission Of India on 23 April, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT PETITION No.10469 of 2024
ORDER:
(per the Hon'ble the Chief Justice Alok Aradhe) Dr. D.V. Rao appears as party-in-person. Mr. Avinash Desai, learned Senior Counsel represents Mr. Mohammed Omer Farooq, learned Standing Counsel for Election Commission of India for respondent No.1.
Mr. Mahesh Raje, learned Government Pleader for Home appears for respondent No.3.
2. In this Writ Petition, the petitioner, who is a practicing advocate, has assailed the validity of the proceeding dated 04.04.2024 issued by the Commissioner of Police, Rachakonda, wherein the application submitted by the petitioner seeking exemption from depositing the licensed firearm has been rejected in view of General Elections to the Parliament of the country which are scheduled to be held on 13.05.2024 in the State of Telangana.
CJ & JAK, J 2 W.P.No.10469 of 2024
3. Facts giving rise to filing of this Writ Petition briefly stated are that arms license was issued to the petitioner on 25.10.2014 and it is valid up to 05.08.2028. The petitioner was granted exemption from depositing his firearm in October, 2023, in view of Assembly Elections as well as the Elections of Greater Hyderabad Municipal Corporation. In view of impending General Elections to the Parliament, 2024, the petitioner submitted an application seeking exemption from depositing the licensed firearm. The aforesaid application has been rejected by the Commissioner of Police on 04.04.2024. In the aforesaid factual background, this Writ Petition has been filed.
4. Party-in-person submitted that he is a practicing advocate in Supreme Court as well as this Court and was granted exemption from depositing his licensed firearm in October, 2023, in view of Assembly Elections as well as the Elections of Greater Hyderabad Municipal Corporation. It is further submitted that the impugned order dated 04.04.2024 suffers from the vice of non-application of mind. It is further CJ & JAK, J 3 W.P.No.10469 of 2024 submitted that if exemption has been granted to the sports person from depositing the licensed firearm, there is no reason why the benefit of exemption should not be extended to the practicing advocates. It is also submitted that the petitioner pertains to the exempted category of persons and therefore, he cannot be asked to deposit the licensed firearm.
5. On the other hand, learned Senior Counsel for respondent No.1 submitted that under the Consolidated Instruction dated 08.06.2023, which contains the Measures relating to Law and Order for conducting peaceful, free and fair General/Bye elections, requisite action has to be taken in accordance with Clause F of the Consolidated Instruction in respect of the license holders for depositing the licensed firearms. It is submitted that the order dated 04.04.2024 has been based on the proceeding of the Screening Committee dated 19.03.2024.
6. Learned Government Pleader for Home has produced the minutes of the Screening Committee dated 19.03.2024 in the sealed cover for our perusal.
CJ & JAK, J 4 W.P.No.10469 of 2024
7. We have considered the rival submissions made on both sides and have perused the record.
8. Election Commission of India had initially issued directions on 13.03.1996 which provided for review and deposit of firearms licenses before an election. The Bombay High Court in Govind v. Vikram Kumar 1 laid down the guidelines for deposit of firearms prior to elections which require constitution of a Screening Committee at every District to examine the firearm licenses issued in the said District. The licensing authority is thereafter required to issue notices to the license holders for depositing of firearms based on the decision of the Screening Committee.
9. In the light of the judgment of Bombay High Court in Govind (supra) and with the view to conduct free and fair elections, Election Commission of India in exercise of powers under Article 324 of the Constitution of India has issued revised instructions dated 01.09.2009 with respect to deposit of firearms. Aforesaid instructions have been further revised 1 2009 SCC OnLine Bombay 882 CJ & JAK, J 5 W.P.No.10469 of 2024 and issued by Election Commission of India on 08.06.2023. Relevant extract of Para 'F' of the aforesaid Consolidated Instruction is extracted below for the facility of reference.
"F. DEPOSIT OF LICENSED ARMS-
(i) Immediately after the announcement of elections, District Magistrates shall make a detailed and individual review and assessment, in accordance with the prevalent State laws, of all license holders so that licensed arms in those cases where they consider it essential are impounded in order to ensure maintenance of law and order and conduct of free and fair elections. The cases which may need inter alia special review are:
(a) Arms licence of persons released on bail,
(b) Arms licence of persons having a history of criminal offences, and
(c) Arms licence of persons previously involved in rioting at any time but especially during the election period.
(d) Arms license of persons involved in election offences of any kind;
(ii). The Hon'ble High Court of Bombay in CWP No.835 of 2009 (Sh Govind Vs. Vikram Kumar, Distt Magistrate & Others) vide order dated 10th July 2009 CJ & JAK, J 6 W.P.No.10469 of 2024 had laid down procedure for review and assessment of all license holders, which needs to be followed scrupulously, as follows:
(a) There shall be a Screening Committee in every District and in every Police Commissionerate area.
In the District, the Screening Committee shall consist of the District Magistrate and the Superintendent of Police. In the Commissionerate area, it shall consist of the Commissioner of Police and Joint/Additional Commissioner of Police (Administration)."
10. The petitioner has no absolute right to claim exemption from deposit of the licensed firearm and the same is subject to decision of the screening committee. Thus, after the announcement of General Elections to the Parliament, 2024, the screening committee has made a detailed and individual review and assessment in accordance with the prevalent State laws of all license holders. The case of the petitioner was also considered on 24.08.2023. The Screening Committee in the meeting convened on 03.04.2024, after taking into account the recommendations made by the Deputy Commissioner of Police, L.B.Nagar, Rachakonda, came to the conclusion that CJ & JAK, J 7 W.P.No.10469 of 2024 the petitioner is not exempted from depositing the licensed firearm. The record produced before us contains the recommendation made by the Deputy Commissioner of Police wherein on an enquiry, it has been found that there is no threat to the petitioner at least for past five (5) years. Accordingly, the impugned order dated 04.04.2024 has been issued. The aforesaid order is based on a cogent material which does not call for any interference in exercise of jurisdiction of this Court under Article 226 of the Constitution of India as the discretion has not been arbitrarily exercised.
11. For the aforementioned reasons, the Writ Petition is dismissed.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
___________________ ALOK ARADHE, CJ ________________________ ANIL KUMAR JUKANTI, J 23rd APRIL, 2024.
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