Allahabad High Court
Vipin Singh And Another vs State Of U.P. And 4 Others on 26 March, 2021
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 37
Case :- WRIT - C No. - 10558 of 2021
Petitioner :- Vipin Singh And Another
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Sanjay Kumar Yadav
Counsel for Respondent :- C.S.C.,Ten Singh
Hon'ble Rajiv Joshi,J.
Heard Sri Sanjay Kumar Yadav, learned counsel for the petitioners, Sri Ten Singh, learned counsel for respondent no.2 and learned Standing counsel for State-respondent.
The present writ petition under Article 226 of the Constitution has been filed for direction to the respondents not to compel the petitioners to deposit his firearm during Panchayat Election 2021.
It is contended by learned counsel for the petitioners that petitioners were granted fire arm licence and without issuing any notice, the authority concerned compelling the petitioners to deposit his firearm during Panchayat Election-2021. In support of his contention, learned counsel for the petitioners has placed reliance upon the judgment of this Court Uma Kant Yadav vs. State of U.P. and Others 2007 0 Supreme (AII)758, in which it was held that the competent authority has to pass an order under Section 21 of the Arms Act, 1959 for depositing the arms and the authority cannot compel the petitioner to deposit the fire arm during panchayat election.
Whenever, elections are announced, the authorities, in the past, have been issuing general directions with regard to the deposit of fire arms during the election period. It has been noticed that whenever the election process started, a large number of writ petitions were filed praying that the authorities should be restrained from compelling the petitioners from depositing their weapons.
This Court in Shahabuddin and others v. State of U.P. and others, 2000 (38) A.L.R. 44 issued a mandamus directing the State Authorities not to compel the licence holders to deposit the fire arm on the basis that elections are going to the be held in the near future. Similar direction was again issued in Mohd. Arif Khan and other v. State of U.P. and others, 2002 A.C.J. 586. In Ram Hit v. State of U.P. and others, 2000 (40) ALR 281, the Court held that the authority cannot compel a citizen to deposit the fire arms unless there was a specific order by a competent authority under the Arms Act. In Israr Khan v. State of U.P., 1996 (27) ALR 198, the Court held that the weapon could only be deposited in accordance with law as contemplated under the Arms Act and that the weapon could not be deposited under an oral order of the Station House Officer. In Pandhari Yadav v. State of U.P. and others, 2004 ALR 2246, the Court held that the retention of the fire arms was essential to the preservation of the life and property of the licence holder. In Shesh Nath Nayak v. District Magistrate, San Kabir Nagar and another, 2004 (5) AWC 4675, a single Judge of this Court held that ever though the Election Commissioner could issue order directing the District Magistrate to get the fire arms deposited as a preventive measure for conducting free and fair election, nonetheless, the deposit of the fire arms could only be sought through legitimate means, i.e., on a review of each individual case on objective assessment. In Yaduvir Singh Chauhan v. District Magistrate, Etah and others, 1993 ACJ 1312 this Court quashed the notification of the Election Commissioner as well as the order of the District Magistrate with regard to the deposit of fire arms of the valid licence holders.
Matter requires consideration.
Learned Standing counsel has accepted the notice on behalf of State-respondents. Sri Ten Singh, Advocate has accepted notice on behalf of respondent no.2.
All the respondents are directed to file counter affidavit within six weeks. Rejoinder affidavit, if any, may be file within a week, thereafter.
List thereafter.
Until further order of this Court, the respondent authorities are directed not to compel the petitioners to deposit the firearm during Panchayat Election- 2021 in absence of any specific order under the Arms Act, 1959.
Order Date :- 26.3.2021
Akbar
