Kerala High Court
Aju Thomas 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. 14319 OF 2024
PETITIONER:
AJU THOMAS
AGED 54 YEARS
S/O.V.THOMAS, MUNDACKAMALIKUDY HOUSE,
VENGOLA, ALLAPRA, ERNAKULAM.,
PIN - 683556
BY ADVS.
RAJESH VIJAYAN
SIKHA S.NAIR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.,
PIN - 695001
2 DISTRICT COLLECTOR, ERNAKULAM
CIVIL STATION, KAKKANAD.,
PIN - 682030
3 DISTRICT POLICE CHIEF, ERNAKULAM RURAL
OFFICE OF THE DISTRICT POLICE CHIEF,
ALUVA, ERNAKULAM., PIN - 683101
4 STATION HOUSE OFFICER, PERUMBAVOOR
PERUMBAVOOR POLICE STATION, ERNAKULAM.,
PIN - 683542
SMT.REKHA C.NAIR-SR.GOVERNMENT PLEADER
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.14319 Of 2024
2
JUDGMENT
Dated this the 12th day of April, 2024
The petitioner is aggrieved by the order passed by the
Screening Committee constituted for surrender of Arms in
respect of which licences are issued under the Arms Act,
1959.
2. The petitioner 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
petitioner to surrender his Arm in order to ensure peaceful,
free and fair Elections.
3. The petitioner is aggrieved by the directions. The
petitioner submits that he has obtained Arms Licence for
protection of his safety and protection. The licence was
granted to the petitioner after making due enquiries and
finding that the petitioner require Arms Licence for protection
WP(C) No.14319 Of 2024
of his life / property. The respondents are compelling the
petitioner to surrender the Arm as Elections are notified.
4. Counsel for the petitioner 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 is
surrendered, the life and property of the petitioner will be put
to danger. 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 petitioner. 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 petitioner in the writ
petition. On behalf of the respondents, it is pointed out that the
decision to direct the licence holders to surrender Arms has
WP(C) No.14319 Of 2024
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 holder 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 petitioner does not have a fundamental right to
insist that he should be permitted to hold Arms. Furthermore,
surrender of Arms is only for a brief and short time. There is a
possibility of security threat during Elections especially when
prominent politicians are campaigning. The writ petition is
WP(C) No.14319 Of 2024
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 Station House Officer insisting
to surrender Arms on the basis of the directives of the Election
Commission of India. Ext.P3 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.
9. A perusal of Ext.P3 Circular would indicate that the
Election Commission has advised that immediately after the
announcement of Elections, the District Magistrates shall
WP(C) No.14319 Of 2024
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.P3 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
Commission has also stated that afore categories are only
illustrative in nature and not exhaustive.
WP(C) No.14319 Of 2024
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 petitioner herein is
released on bail or whether he has any history of criminal
offences and as to whether he was involved in any type of
rioting etc., in the past.
12. In the circumstances, I am of the view that the
Screening Committee shall reconsider / review the case of the
petitioner. 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.
WP(C) No.14319 Of 2024
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 petitioner shall be maintained.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) No.14319 Of 2024
APPENDIX OF WP(C) 14319/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ARMS LICENSE WHICH IS
VALID UP TO 20.11.2025 ISSUED TO THE
PETITIONER BY ARMS LICENSE ISSUANCE
AUTHORITY.
Exhibit P2 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 11.03.2024.
Exhibit P3 TRUE COPY OF THE CIRCULAR DATED
01.09.2009 FROM THE ELECTION
COMMISSION.
Exhibit P4 TRUE COPY OF THE PROCEEDINGS OF THE
DISTRICT COLLECTOR DATED 23.03.2024.
Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED BY THE
COCHIN ARMOURY DATED 02.04.2024.
