Kerala High Court
P A Joseph vs State Of Kerala on 11 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 14655 OF 2024
PETITIONER:
P A JOSEPH
AGED 59 YEARS
PLAKKOOTTATHIL HOUSE, CHOVVA P.O,
KANNUR, PIN - 670006.
BY ADV ASWANTH P.T.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY
THIRUVANTHAPURAM, PIN - 695001.
2 THE CHIEF ELECTORAL OFFICER
VIKAS BHAVAN, LEGISLATIVE COMPLEX,
THIRUVANTHAPURAM, KERALA, PIN - 695033.
3 THE DISTRICT COLLECTOR
KANNUR P.O, KANNUR, PIN - 670002.
4 THE COMMISSIONER OF POLICE
KANNUR P.O, KANNUR, PIN - 670002.
5 THE STAION HOUSE OFFICER
KANNUR TOWN STATION, KANNUR - 670002.
BY ADV.SMT.REKHA C NAIR, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.14655 Of 2024
2
JUDGMENT
Dated this the 11th day of April, 2024
The writ petition is filed by the petitioner aggrieved by
the direction issued to deposit the licensed arms held by the
petitioner prior to the impending Lok Sabha Elections, 2024
without any specific reasons.
2. The petitioner submits that the licence is issued for
protection of his life. Once deposited, the same could be
reclaimed only after the declaration of the election results
which would come only after a span of at least two months.
Such deposit would destroy the very purpose of issuance of
the valid arms licence. The petitioner submits that the
petitioner was forced to surrender the fire arm on 30.03.2024.
3. As per a Circular, the Election Commission of India
has issued guidelines to be complied with, prior to directing a
WP(C) No.14655 Of 2024
valid arms licence holder to deposit his arms during the period
of elections. However, in the case of the petitioner, no
procedures laid down thereunder have been followed while
directing him to surrender his arms.
4. This Court has categorically held in Joseph K. A.
v. District Collector, Kottayam and others [2019 (1) KLT
1034] that in the context of depositing of weapons during the
period of election, orders can be passed for such depositing
only after complying with the clauses in the Circular.
5. The petitioner has deposited the Gun. The
petitioner apprehends that depositing his validly held arms
during such a long period will prevent him from protecting his
life in the event he encounters any mishaps. The direction of
the respondents to the petitioner to deposit his arms during
the period of election dehors any legally tenable reason and
dehors any finding to that effect by the Screening Committee,
is untenable and is liable to be interfered with by this Court,
WP(C) No.14655 Of 2024
contended the petitioner.
6. Government Pleader representing the respondents
filed submitted that a Screening Committee has been
constituted and the Screening Committee will be considering
the issues in detail. However, if any licensee wants the arms
to be retained during the election period, such licensees are
entitled to seek exemption from the orders of the Government
and Election Commission.
7. Taking into consideration the facts of the case, I am
of the view that detailed consideration of the legal issues
projected by the counsel for the petitioner would require
completion of pleadings by the parties, which may render the
writ petition infructuous due to time constraints. For the time
being, it will be sufficient that the petitioner submits an
application for exemption before the Screening Committee.
The writ petition is accordingly disposed of permitting the
petitioner to approach the Screening Committee seeking
WP(C) No.14655 Of 2024
exemption from surrendering of arms. If the petitioner submits
an application within two days from the date of receipt of copy
of this judgment, the Screening Committee shall pass
appropriate orders. If the petitioner files application for
exemption within two days, the Screening Committee shall
pass orders thereon within a further period of seven days. If
the exemption is granted, the 5th respondent-Station House
Officer concerned shall release the Arms to the licence
holder / petitioner.
Sd/-
N.NAGARESH
JUDGE
ams
WP(C) No.14655 Of 2024
APPENDIX OF WP(C) 14655/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF ARMS LICENCE BEARING
LICENCE NO. LN18318A1870722 DATED
31.10.2022
Exhibit P2 THE RECEIPT ISSUED BY THE RESPONDENT
NO.5 DATED 30.03.2024
Exhibit P3 THE TRUE COPY OF EX-SERVICE MAN
IDENTITY CARD OF THE PETITIONER
Exhibit P4 THE RELEVANT PORTION FROM THE CIRCULAR
ISSUED BY THE ELECTION COMMISSION
DATED 09.01.2009
