Allahabad High Court
Kamaluddeen @ Kamaluddeen Khan vs State Of U.P. Thru. Prin. Secy. ... on 15 March, 2021
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 6
Case :- MISC. SINGLE No. - 6689 of 2021
Petitioner :- Kamaluddeen @ Kamaluddeen Khan
Respondent :- State Of U.P. Thru. Prin. Secy. Home,Lko.& Ors.
Counsel for Petitioner :- Vidhu Bhushan,Vineeta Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
Heard Ms. Vineeta Pandey, learned counsel for petitioner and the learned Standing Counsel.
This petition has been filed for a direction to be issued to the opposite parties not to compel the petitioner to deposit his firearm license and firearm unless his case is objectively reviewed/ assessed by such competent authority and that too in writing, after complying with the provisions of law.
It is the case of the petitioner that for his personal safety as well as of his family members he applied for firearm license and the same was granted to him. He had taken a firearm license for one NP bore revolver/ pistol No. FG-38177, and now the petitioner has been asked orally by the police officers/ Tehsil administration to deposit his license considering the ensuing Panchayat elections. The petitioner would be compelled to deposit his license of firearm on verbal instructions which is against the law settled by this Court in several judgments viz.- (i) Mohd. Arif Khan Vs. District Magistrate, 1994 (12) LCD 193, Uma Kant Yadav Vs. State of U.P. and others, 2007 (3) ADJ 434, and the judgment of a Coordinate Bench of this Court in the case of Harihar Singh and others Vs. State of U.P. and others (Writ Petition No. 17436 of 2014, decided on 02.04.2014), and the judgment rendered in the case of Dhirendra Kumar Mishra Vs. State Election Commission and others (Writ Petition No. 1702 (MS) of 2017, decided on 24.01.2017).
Learned Standing Counsel has placed before this Court a Government Order dated 25.02.2021 which has been issued in pursuance of the judgments of this Court rendered in Mohd. Arif Khan (supra) and Uma Kant Yadav (supra), wherein it has been provided in paragraph-1 of the said order that the District Magistrate and the Senior Superintendent of Police/ Superintendent of Police of the district concerned shall hold a meeting of the Screening Committee and objectively review the firearm license and taking into account several categories as mentioned in para-2 of the said Government Order and submit a report with regard to the last date fixed in the Government Order. After the Screening Committee report is submitted the licensing authority shall issue individual notice to each of such arm licensee after the notification for election is issued and before the last date for nomination by the candidate within five days of such written notice being issued a licensee concerned has to deposit his firearms or submit his representation in compliance to the said notice which shall again be considered by the Screening Committee and appropriate orders shall be passed thereon.
It is apparent that this petition has been filed on an apprehension. The Screening Committee report has yet to be submitted till today, i.e., 15.03.2021. In case the licensing authority finds a particular licensees to submit it, it shall issue notice to them. The petitions having been filed on apprehension may not be entertained. It is dismissed as such, leaving the token for petitioner to file his representation if he receives notice before the Screening Committee and appropriate orders shall be passed.
Order Date :- 15.3.2021
Mustaqeem
