Kerala High Court
Jithin Krishna. K vs The District Collector, Kozhikode on 3 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 13420 OF 2024
PETITIONER
JITHIN KRISHNA. K
AGED 41 YEARS
S/O KUTTYKRISHNAN, SRIKRISHNA MANDIR, A.A.
NAMBIAR PURAM, NEAR PUBLIC LIBRAARY,
VATAKARA, KOZHIKODE, PIN - 673101
BY ADVS.
P.JERIL BABU
SRINATH GIRISH
PRASUDHA.S
RESPONDENTS:
1 THE DISTRICT COLLECTOR, KOZHIKODE
CIVIL STATION P.O., KOZHIKODE,
PIN - 673020
2 THEADDITIONAL DISTRICT MAGISTRATE,
KOZHIKODE
CIVIL STATION P.O., KOZHIKODE,
PIN - 673020
3 THE STATION HOUSE OFFICER
VATAKARA POLICE STATION, VATAKARA P.O,
KOZHIKODE, PIN - 673101
4 ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, ASOKA ROAD, PANDIT PANT MARG AREA,
SASAD MARG AREA, NEW DELHI. REPRESENTED BY ITS
SECRETARTY, PIN - 110001
BY ADV DEEPU LAL MOHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.13420 Of 2024
2
JUDGMENT
Dated this the 3rd 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 22.02.2024.
3. As per Ext.P4 Circular, the 4 th respondent-Election
Commission of India has issued guidelines to be complied
with, prior to directing a valid arms licence holder to deposit
WP(C) No.13420 Of 2024
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.
WP(C) No.13420 Of 2024
6. Standing Counsel representing the Election
Commissioner 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
WP(C) No.13420 Of 2024
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. The
3rd respondent-Station House Officer shall release the fire arm
depending upon the decision of the Screening Committee.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) No.13420 Of 2024
APPENDIX OF WP(C) 13420/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ARMS LICENSE ISSUED
IN THE NAME OF THE PETITIONER
Exhibit P2 A TRUE COPY OF THE G.O. (RT) NO.
183/2022/HOME DATED 20-01-2022 OF THE
GOVERNMENT OF KERALA
Exhibit P3 A TRUE COPY OF THE RECEIPT ISSUED BY
THE SUB INSPECTOR OF POLICE, VATAKARA
POLICE STATION DATED 22-02-2024
Exhibit P4 A TRUE COPY OF THE INSTRUCTIONS
BEARING NO. 464/INST/2009/EPS, DATED
01-09-2009 ISSUED BY THE ELECTION
COMMISSION OF INDIA
RESPONDENT ANNEXURES
ANNEXURE R4(A) THE PHOTOCOPY 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 R4(B) THE PHOTOCOPY OF PROCEEDING NO. \
DCKKD/4352/2024-D3 DATED 18-03-2024 OF
THE DISTRICT MAGISTRATE, KOZHIKODE
ANNEXURE R4(C) THE PHOTOCOPY OF JUDGMENT DATED 20-03-
2024 IN WP(C)NO.11254/2024 OF THIS
HON'BLE COURT
