Allahabad High Court
Arvind Kumar Tiwari And 4 Others vs State Of U.P. And 6 Others on 2 May, 2023
Bench: Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 6
Case :- WRIT - C No. - 14962 of 2023
Petitioner :- Arvind Kumar Tiwari And 4 Others
Respondent :- State Of U.P. And 6 Others
Counsel for Petitioner :- Vijay Kumar Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Piyush Agrawal,J.
Heard Mr. Vijay Kumar Pandey counsel for the petitioners and learned Standing Counsel for the State-respondents.
By means of this writ petition, the petitioners are seeking a writ of mandamus commanding the respondents not to compel them for surrendering their firearms in pursuance to the notification dated 7.4.2023 regarding forthcoming election of Urban Municipal, 2023.
Learned counsel for the petitioners submits that petitioners are having firearms licence details of which are given below:-
(a) Petitioner no.1- Licence No.1051/P.S. George Town, NPB revolver/pistol No.RP-13357 (IOF) No.1378
(b) Petitioner No.2-Licence No.1218/P.S. George Town, NPB revolver/pistol No.RP-145265 (GSN)
(c) Petitioner No.3- Licence No.01312/P.S. Meja, NPB revolver/pistol No.FU14454
(d) Petitioner No.4- Licence No.234/P.S. Utaraon, NPB revolver/pistol No.320 bore No.RP118-33
(e) Petitioner No.5- Licence No.1574/P.S. George Town, NPB revolver/pistol No.B-3185
He submits that respondent no.2 has issued notification dated 7.4.2023 directing all the Police Commissioners/S.S.P/S.P. for conducting fair and peaceful election of Urban Municipal Election, 2023. Pursuant thereto, the respondent authorities are compelling the petitioners to deposit/surrender their respective firearms. He further submits that neither any notice nor any written order has been received by the petitioners in this respect. Learned counsel for the petitioners has relied upon the judgment of this Court in Writ-C No.17436 of 2014 (Harihar Singh Vs. State of U.P.) decided on 02.04.2014 and submits that without there being any proper enquiry or the assessment report of screening committee against the petitioners regarding involvement of the petitioners in any unlawful activities which cause public nuisance, the petitioners may not be compelled for deposit of their firearms.
Per contra, learned Standing Counsel submits that none of the officer of the State -Government are compelling the petitioners for surrender of their fire arms without there being any order passed in this respect. He submits that only after due assessment the petitioners may be asked to deposit their fire arms in accordance with law.
The Court has perused the records.
Recently, this Court in Writ C No. 13824 of 2023 (Surendra Kumar Upadhyay and others s. State of U.P. and others) decided on 25.4.2023, has given certain directions to the State- authorities in such matters, the relevant part of which is quoted hereunder:-
"13. In view of above, a mandamus is issued to the State Authorities in the following manner:-
(a) No fire-arm license holder be compelled to deposit/ surrender their fire arm, until and unless Screening Committee, on the material available on record, forms an opinion for getting the same in respect of the individual fire-arm license holder.
(b) The respondent authorities not to compel the petitioners/fire arms licensees to deposit their fire-arms, unless their case/cases has/have been objectively (emphasis is mine) reviewed/assessed by a competent authority in writing and after complying with the provisions of law.
(c) It shall be open for the State Authorities to proceed in accordance with law, on case to case basis, in the light of Circular dated 07.04.2023 issued by the State Election Commission and if the Authorities feel that continuance of fire arm shall be subjected to disturb the law & order, the Authorities shall direct the concerned fire arm license holder, in writing, for surrendering the same.
(d) After exercising due procedure as aforesaid as well as after passing of the order in respect of impound / surrender of the fire arms, in case the licensee failed to deposit, the fire arm within stipulated period as given, the State Authorities can initiate proceedings under Section 188 of Cr.P.C. against the licensee."
In view of above, the writ petition is disposed of on the terms as enumerated in Writ C No. 13824 of 2023 (Surendra Kumar Upadhyay and others Vs. State of U.P. and others) decided on 25.4.2023.
Order Date :- 2.5.2023
Pravesh Mishra
