Allahabad High Court
Buddhi Ram vs State Of U.P. And 2 Others on 26 March, 2021
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 37
Case :- WRIT - C No. - 10447 of 2021
Petitioner :- Buddhi Ram
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Kunwar Mayank Singh,Hari Prakash Pal
Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri K.M. Singh, learned counsel for the petitioner and learned Standing counsel for State-respondents.
The present writ petition under Article 226 of the Constitution has been filed for direction to the respondents not to compel the petitioner to deposit his firearm during Panchayat Election 2021.
It is contended by learned counsel for the petitioner that petitioner was granted firearm licence and without issuing any notice, the authority concerned compelling the petitioner to deposit his firearm during Panchayat Election-2021. It is next contended that the petitioner moved an application before respondent no.2- District Magistrate, Prayagraj requesting not to compel the petitioner to deposit the firearm. In support of his contention, learned counsel for the petitioner 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 firearm during panchayat elections.
Whenever, elections are announced, the authorities, in the past, have been issuing general directions with regard to the deposit of firearms 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. He prays for and is granted three weeks time to file counter affidavit. 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 petitioner to deposit the firearm during Panchayat Election- 2021 in absence of any specific order under the Arms Act, 1959.
Order Date :- 26.3.2021
S.P.
