Kerala High Court
Jose Joseph vs State Of Kerala on 12 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 14477 OF 2024
PETITIONERS:
1 JOSE JOSEPH
AGED 76 YEARS
S/O JOSEPH, THARAPPEL HOUSE,
KIZHAPARAYAR P.O., POOVARANY VILLAGE,
PIN - 686578
2 RONI. M.GEORGE
AGED 54 YEARS
S/O M.C. GEORGE, MANAYANICKAL KATTAKKAYATH,
PALA P.O., LALAM VILLAGE,
KOTTAYAM, PIN - 686575
3 BABY JOSEPH
AGED 71 YEARS
S/O DEVASIA JOSEPH, MUNDATTTUCHUNDAYIL VEEDU,
POOVARANY P.O., POOVARANY VILLAGE,
KOTTAYAM, PIN - 686577
4 ANIL JOSE
AGED 51 YEARS
S/O JOSEPH, NJONDIMACKAL HOUSE,
EDAMATTOM P.O., POOVARANI VILLAGE,
KOTTAYAM, PIN - 686578
5 V.K. PRABHAKARAN
AGED 68 YEARS
S/O KUNJAPPAN, VALLIYAMTHADATHIL HOUSE,
PALA P.O., MEENACHIL VILLAGE,
KOTTAYAM, PIN - 686575
6 JOSHY JOSEPH
AGED 57 YEARS
JOSEPH, PINAKKATTU HOUSE,
EDAPPADY P.O. BHARANANGANAM VILLAGE,
KOTTAYAM, PIN - 686578
7 SAJU MON JOSEPH
AGED 60 YEARS
S/O K.T. JOSEPH, KUNNATH HOUSE,
NADACKAL P.O., TEEKOY VILLAGE,
KOTTAYAM, PIN - 686121
WP(C) No.14477 Of 2024
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8 P.T. JOSEPH
AGED 70 YEARS
S/O THOMAS, PLATHOTTAM HOUSE,
POONJAR P.O., POONJAR VILLAGE,
KOTTAYAM, PIN - 686581
9 MATHEW SEBASTIAN
AGED 70 YEARS
S/O SEBASTIAN, PACHIKKAVAYALIL HOUSE,
NADACKAL P.O., TEEKOY VILLAGE,
KOTTAYAM, PIN - 686121
10 K.S. SEBASTIAN
AGED 68 YEARS
S/O DEVASIA, KANIPPARAMBIL HOUSE,
THIDANAD P.O., KONDOOR VILLAGE,
KOTTAYAM, PIN - 686123
11 JOHNY THOMAS
AGED 69 YEARS
S/O K.A. THOMAS, KUTTIKKATTU HOUSE,
NJANDUPARA P.O., CHENGALAM EAST VILLAGE,
KOTTAYAM, PIN - 686577
12 BEN JOSE
AGED 54 YEARS
S/O C.J. JOSEPH, CHOORACKAL HOUSE,
ARUVIKKUZHY P.O., ANICKADU VILLAGE,
KOTTAYAM, PIN - 686503
13 DIAS BABY
AGED 26 YEARS
S/O BABY THOMAS, PAZHAYATHOTTATHIL HOUSE,
KANJIRAMATTOM P.O., AKALAKUNNAM VILLAGE,
KOTTAYAM, PIN - 686585
14 A.V. SEBASTIAN
AGED 61 YEARS
S/O A.M. VARKEY, ANITHOTTAM HOUSE,
CHENGALAM P.O.,ELAMKULAM VILLAGE,
KOTTAYAM, PIN - 686585
15 SAJI C.K.
AGED 56 YEARS
S/O GOPALAN, CHANJANIRAPPEL HOUSE,
PAYAPPAR P.O., VELLILAPPILLY VILLAGE,
KOTTAYAM, PIN - 686651
WP(C) No.14477 Of 2024
3
16 ALEX AUGUSTINE
AGED 57 YEARS
S/O P.P. AUGUSTINE,
CHOKKATTU HOUSE, KADANAD P.O.,
VELLILAPPILLY VILLAGE, KOTTAYAM,
PIN - 686653
17 V.K. JINAN
AGED 64 YEARS
S/O KESAVAN, VALAYAPPALLIL HOUSE,
KUMARANELLOOR P.O., PERUMPAYIKKAD VILLAGE,
KOTTAYAM, PIN - 686016
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
ALEN J. CHERUVIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME AFFIARS, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR, KOTTAYAM
COLLECTORATE, KOTTAYAM,
CIVIL STATION, P.O. KOTTAYAM,
PIN - 686002
3 THE DISTRICT POLICE CHIEF KOTTAYAM
CIVIL STATION P.O. KOTTAYAM,
PIN - 686502
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.14477 Of 2024
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JUDGMENT
Dated this the 12th day of April, 2024
The petitioners are aggrieved by the orders passed by
the Screening Committee constituted for surrender of Arms
in respect of which licences are issued under the Arms Act,
1959.
2. The petitioners hold Arms on the basis of licence
issued under the Arms Act. In view of the impending Lok
Sabha Elections, 2024, the Station House Officer directed the
petitioners to surrender their Arms in order to ensure peaceful,
free and fair Elections.
3. The petitioners are aggrieved by the directions. The
petitioners submit that they have obtained Arms Licence for
protection of their own person and property. The licences were
granted to the petitioners after making due enquiries and
finding that the petitioners require Arms Licence for protection
WP(C) No.14477 Of 2024
of their lives / property. The respondents are compelling the
petitioners to surrender the Arms as Elections are notified.
4. Counsel for the petitioners pointed out that Election
process will take two to three months for completion of polling
and declaration of results. If during this period the Arms are
surrendered, the life and property of the petitioners will be put
to danger. Most of the petitioners are hailing from areas
where threat from wild animals is rampant. The Screening
Committee constituted pursuant to the directions of the
Election Commission has not considered the issues in its true
and proper perspective. The Committee has not taken into
account the threat perception in respect of the petitioners.
Therefore, the respondents are not justified in insisting
surrender of Arms for such a long duration.
5. Senior Government Pleader entered appearance
and resisted the writ petition. The Senior Government Pleader
denied all the allegations made by the petitioners in the writ
WP(C) No.14477 Of 2024
petition. On behalf of the respondents, it is pointed out that the
decision to direct the licence holders to surrender Arms has
been taken with a good intention of ensuring free and
peaceful Lok Sabha Elections, 2024. There were instances of
law and order violations during earlier Election times and
supporters of some political parties resorted to violence. Law
and order has to be ensured for a free and democratic
process of Election.
6. The decision to direct the licence holders to
surrender the Arms has been taken on the basis of the
directions of the Election Commission of India, which is a
constitutional authority. There is no illegality or arbitrariness in
doing so. The direction is strictly keeping in mind the larger
public interest and for the smooth and peaceful conduct of
Elections. The petitioners do not have a fundamental right to
insist that they should be permitted to hold Arms.
Furthermore, surrender of Arms is only for a brief and short
WP(C) No.14477 Of 2024
time. There is a possibility of security threat during Elections
especially when prominent politicians are campaigning. The
writ petition is devoid of merit and liable to be dismissed,
contended the Senior Government Pleader.
7. I have heard the learned Counsel for the petitioners
and the learned Government Pleader representing the
respondents.
8. It is evident that the 2nd respondent-District
Collector has issued directions to all the Station House
Officers of Kottayam District insisting to surrender Arms on the
basis of the directives of the Election Commission of India.
Ext.P4 is a Circular issued by the Election Commission of
India to the Chief Secretaries of all States and Union
Territories and to the Chief Electoral Officers of all States and
Union Territories. The Circular deals with preventing law and
order issues and to ensure conduct of peaceful, free and fair
poll during the general Elections / Bye-Elections.
WP(C) No.14477 Of 2024
9. A perusal of Ext.P4 Circular would indicate that the
Election Commission has advised that immediately after the
announcement of Elections, the District Magistrates shall
make a detailed and individual review and assessment (in
accordance with the prevalent State laws) of all licensed Arms
holders so that licensed Arms, in those cases where they
consider it essential are impounded in order to ensure
maintenance of law and order so essential for ensuring free
and fair Elections.
10. Ext.P4 would indicate that the Election Commission
has given certain instances where the surrender of Arms
should be insisted. Among cases which may need to be
reviewed, the Arms Licences of persons released on bail,
Arms Licence of persons having a history of criminal offences
and Arms Licence of persons previously involved in rioting at
any time but especially during the Election period, all the afore
categories should be subjected to review. The Election
WP(C) No.14477 Of 2024
Commission has also stated that afore categories are only
illustrative in nature and not exhaustive.
11. From the pleadings and arguments, it emerges that
the Screening Committee constituted pursuant to the
directives of the Election Commission of India has taken a
decision to grant exemption to certain Arms Licence holders,
who are working for financial institutions. There is no material
to indicate that the Screening Committee has considered the
important aspects as to whether the petitioners herein are
released on bail or whether they have any history of criminal
offences and as to whether they were involved in any type of
rioting etc., in the past.
12. It is not disputed that wild animal threats are
rampant in certain areas of the State during the recent past.
Most of the petitioners are farmers, who want to protect their
lives, property as well as agriculture, for the purpose of their
livelihood.
WP(C) No.14477 Of 2024
13. In the circumstances, I am of the view that the
Screening Committee shall reconsider / review the cases of
the petitioners. Unless the surrender of Arms is reasonably
necessary in the light of the parameters provided by the
Election Commission, there cannot be blanket directions to
surrender Arms.
The writ petition is disposed of. Orders impugned in this
writ petition rejecting the exemption application of the
petitioners, are set aside. The Screening Committee is
directed to reconsider the matter in the light of the Arms Act
and Rules, notification and guidelines issued by the Election
Commission of India and after obtaining necessary inputs
from the police authorities as is found necessary. Till a
decision is taken afresh, the status quo as regards possession
of Arms by the petitioners shall be maintained.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) No.14477 Of 2024
APPENDIX OF WP(C) 14477/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 1ST PETITIONER TO THE
2ND RESPONDENT DATED 19/03/2024.
Exhibit P1(a) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 2ND PETITIONER TO THE
2ND RESPONDENT DATED 19/03/2024.
Exhibit P1(b) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 3RD PETITIONER TO THE
2ND RESPONDENT DATED 19/03/2024.
Exhibit P1(c) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 4TH PETITIONER TO THE
2ND RESPONDENT DATED 19/03/2024
Exhibit P1(d) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 5TH PETITIONER TO THE
2ND RESPONDENT DATED 19/03/2024.
Exhibit P1(e) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 6TH PETITIONER TO THE
2ND RESPONDENT DATED 19/03/2024.
Exhibit P1(f) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 7TH PETITIONER TO THE
2ND RESPONDENT DATED 19/03/2024.
Exhibit P1(g) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 8TH PETITIONER TO THE
2ND RESPONDENT DATED 19/03/2024.
Exhibit P1(h) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 9TH PETITIONER TO THE
2ND RESPONDENT DATED 19/03/2024.
Exhibit P1(i) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 10TH PETITIONER TO
THE 2ND RESPONDENT DATED 19/03/2024.
Exhibit P1(j) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 11TH PETITIONER TO
THE 2ND RESPONDENT DATED 19/03/2024
Exhibit P1(k) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 12TH PETITIONER TO
THE 2ND RESPONDENT DATED 19/03/2024.
WP(C) No.14477 Of 2024
Exhibit P1(l) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 13TH PETITIONER TO
THE 2ND RESPONDENT DATED 19/03/2024.
Exhibit P1(m) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 14TH PETITIONER TO
THE 2ND RESPONDENT DATED 19/03/2024.
Exhibit P1(n) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 15TH PETITIONER TO
THE 2ND RESPONDENT DATED 19/03/2024.
Exhibit P1(o) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 16TH PETITIONER TO
THE 2ND RESPONDENT DATED 19/03/2024.
Exhibit P1(p) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 17TH PETITIONER TO
THE 2ND RESPONDENT DATED 19/03/2024.
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
19/03/2024 TO THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE ORDER DATED
30/03/2024 BEARING NO.
DCKTM/1567/2024-H3 ISSUED BY 2ND
RESPONDENT.
Exhibit P4 TRUE COPY OF THE INSTRUCTION BEARING
NO.464/INST/2009/EPS DATED 1/9/2009
ISSUED BY THE ELECTION COMMISSION OF
INDIA.
Exhibit P5 TRUE COPY OF THE ORDER DATED
26/08/2023 ISSUED BY THE 2ND
RESPONDENT.
