Kerala High Court
Mohammed Hazeem 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. 14881 OF 2024
PETITIONER:
MOHAMMED HAZEEM
AGED 59 YEARS
S/O. ABDUL SALAM,
RESIDING AT MANAPAT HOUSE, MADAVANA POST,
KODUNGALLUR, THRISSUR, PIN - 680666
BY ADVS.
K.C.ELDHO
S.BIJILAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE DISTRICT COLLECTOR
CIVIL STATION, THRISSUR COLLECTORATE,
AYYANTHOLE, THRISSUR, PIN - 680003
3 THE SUPERINTENDENT OF POLICE(THRISSUR RURAL),
OFFICE OF THE SUPERINTENDENT OF POLICE,
THRISSUR, PIN - 680003
4 THE STATION HOUSE OFFICER
KODUNGALLUR POLICE STATION,
KODUNGALLUR, PIN - 680307
5 THE STATE ELECTION COMMISSION
REPRESENTED BY STATE ELECTION COMMISSIONER
'JANAHITHAM' VIKAS BHAVAN,
THIRUVANANTHAPURAM, PIN - 695033
WP(C) No.14881 of 2024
2
6 THE ELECTION COMMISSION OF INDIA
REPRESENTED BY CHIEF ELECTION COMMISSIONER,
NIRVACHAN SADAN, ASHOKA ROAD,
NEW DELHI, PIN - 110001
BY ADV DEEPU LAL MOHAN
SMT.REKHA C. NAIR, SENIOR 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.14881 of 2024
3
JUDGMENT
Dated this the 12th 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
his self protection. 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.
3. As per Ext.P2 Circular, the 6th respondent-Election
Commission of India has issued guidelines to be complied
with, prior to directing a 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 Ext.P2 Circular.
5. 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, contended the petitioner.
6. Standing Counsel representing the Election
Commission filed a statement and 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
petitioners to approach the Screening Committee seeking
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 and produces a copy of this
judgment and a copy of exemption application before the
4th respondent-Station House Officer, the 4 th respondent shall
not insist for surrender of arms till the Screening Committee
takes a decision in the matter.
Sd/-
N.NAGARESH
JUDGE
hmh
APPENDIX OF WP(C) 14881/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LICENSE OF THE
RIFLE 1927
Exhibit P2 A TRUE COPY OF THE CIRCULAR VIDE
LETTER NO.464/INST/2009/EPS DATED
01/09/2009
Exhibit P3 A TRUE COPY OF THE JUDGMENT IN WP(C)
NO.9933 OF 2009 DATED 10/1/2011 OF
THIS COURT
Exhibit P4 A TRUE COPY OF THE INTERIM ORDER IN
WPC NO.27085 OF 2020 DATED 11/12/2020
OF THIS COURT
Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WP(C)
NO. 2467 OF 2021 DATED 16-3-2021 OF
THIS COURT
RESPONDENT ANNEXURES
ANNEXURE R6(A) THE TRUE COPY OF LETTER
NO.464/INST/2022/EPS DATED 26-04-2022
ISSUED BY THE ELECTION COMMISSION OF
INDIA TO THE CHIEF ELECTORAL OFFICERS
OF STATES AND UNION TERRITORIES
ANNEXURE R6(B) THE TRUE COPY OF PROCEEDING
NO.DCTSR/3172/2024-C5 DATED 17-03-2024
OF THE DISTRICT MAGISTRATE AND
DISTRICT COLLECTOR, THRISSUR
ANNEXURE R6(C) THE TRUE COPY OF JUDGMENT DATED 20-03-
2024 IN WP(C)NO.11254/2024 OF THIS
HON'BLE COURT
