Kerala High Court
Varghese Chacko vs State Of Kerala on 4 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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 13768 OF 2024
PETITIONERS:
1 VARGHESE CHACKO
AGED 69 YEARS
S/O. CHACKO, VETTATHUKUNNEL HOUSE,
AREEKAMALA P.O., NADUVIL VIA,
KANNUR DISTRICT -., PIN - 670582
2 V.D. THOMAS
AGED 69 YEARS
S/O. DEVASSYA, VADAKKEPARAMBIL HOUSE,
PULIKURUMBA P.O, NEW NADUVIL,
KANNUR, PIN - 670582
3 V.C. JOSEKUTTY
AGED 66 YEARS
S/O. CHACKO, VALANATH HOUSE, VEMBUVA,
PAYYAVOOR P.O., KANNUR, PIN - 670633
4 K. THANKAPPAN
AGED 69 YEARS
S/O. KUNHAN, KOLLIKKUNNEL HOUSE,
POTTENPLAVU, PONADUVIL VIA,
KANNUR, PIN - 670582
5 P.K. PHILIP
AGED 68 YEARS
S/O. JOSEPH, PUTHENKANDATHIL HOUSE,
PULIKURUMBA P.O, NEW NADUVIL,
KANNUR, PIN - 670582
6 SAJI O.M.
AGED 56 YEARS
S/O. MATHEW O.V.,
OLIKKAL HOUSE, OOMALA,
EDAVARAMBA POST, CHERUPUZHA VIA,
KANNUR DISTRICT, PIN - 670511
BY ADV THOMSTINE K.AUGUSTINE
WP(C) No.13768 of 2024
2
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, ASHOKA ROAD,
NEW DELHI - 110001,
REPRESENTED BY ITS CHIEF ELECTION COMMISSIONER.
3 THE CHIEF ELECTORAL OFFICER
VIKAS BHAVAN, LEGISLATIVE COMPLEX,
THIRUVANANTHAPURAM, PIN - 695001
4 THE DISTRICT COLLECTOR
KANNUR, CIVIL STATION, KANNUR P.O.,
KANNUR DISTRICT, PIN - 670001
5 THE ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE, KANNUR, PIN - 670002
6 THE SUPERINTENDENT OF POLICE (RURAL)
OFFICE OF THE SUPERINTENDENT OF POLICE,
TALAP, KANNUR DISTRICT, PIN - 670002
7 THE SATION HOUSE OFFICER
KUDIYANMALA POLICE STATION, KUDIYANMALA P.O.,
KANNUR DISTRICT, PIN - 670582
8 THE SATION HOUSE OFFICER
CHERUPUZHA POLICE STATION, CHERUPUZHA P.O.,
KANNUR, PIN - 670511
BY ADV DEEPU LAL MOHAN, STANDING COUNSEL
SRI.SREEJITH V.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.13768 of 2024
3
JUDGMENT
Dated this the 4th day of April, 2024
The writ petition is filed by the petitioners aggrieved by
the direction issued to deposit the licensed arms held by the
petitioners prior to the impending Lok Sabha Elections, 2024
without any specific reasons.
2. The petitioners submit that the licences are issued
for the purpose of their protection of life and crops from wild
animals. 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 petitioners submit that the petitioners were forced
to surrender their guns on 26.03.2024.
3. As per Ext.P14 Circular, the Election Commission
of India has issued guidelines to be complied with, prior to
directing a valid arms licence holder to deposit their arms
during the period of elections. However, in the case of the
petitioners, no procedures laid down thereunder have been
followed while directing them to surrender their 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.P14 Circular.
5. The petitioners apprehend that depositing their
validly held arms during such a long period will prevent them
from protecting their life in the event they encounters any
mishaps. The direction of the respondents to the petitioners to
deposit their 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 petitioners.
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 petitioners 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 petitioners submit 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 petitioners submit
an application within two days from the date of receipt of copy
of this judgment, the Screening Committee shall pass
appropriate orders. If the petitioners file application for
exemption within two days, the Screening Committee shall
pass orders thereon within a further period of seven days.
Respondents 7 and 8 shall release the fire arm depending
upon the decision of the Screening Committee.
Sd/-
N.NAGARESH
JUDGE
spk
APPENDIX OF WP(C) 13768/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE ARMS LICENSE NO.
1173/TPBA ISSUED BY THE 5TH RESPONDENT
ADDITIONAL DISTRICT MAGISTRATE, KANNUR
TO THE 1ST PETITIONER
Exhibit-P2 TRUE COPY OF THE ARMS LICENSE NO.
1145/TPBA ISSUED BY THE ADDITIONAL
DISTRICT MAGISTRATE, KANNUR TO THE 2ND
PETITIONER
Exhibit-P3 TRUE COPY OF THE ARMS LICENSE NO.
1369/TPBA ISSUED BY THE ADDITIONAL
DISTRICT MAGISTRATE, KANNUR TO THE 3RD
PETITIONER
Exhibit-P4 TRUE COPY OF THE ARMS LICENSE NO.
1161/TPBA ISSUED BY THE ADDITIONAL
DISTRICT MAGISTRATE, KANNUR TO THE 4TH
PETITIONER
Exhibit-P5 TRUE COPY OF THE ARMS LICENSE NO.
1512/TPBA ISSUED BY THE ADDITIONAL
DISTRICT MAGISTRATE, KANNUR TO THE 5TH
PETITIONER
Exhibit-P6 TRUE COPY OF THE ARMS LICENSE NO.
1621/TPBA ISSUED BY THE ADDITIONAL
DISTRICT MAGISTRATE, KANNUR TO THE 5TH
PETITIONER
Exhibit-P7 TRUE COPY RECEIPT DATED 26.3.2024
ISSUED BY THE 7TH RESPONDENT TO THE
1ST PETITIONER
Exhibit-P8 TRUE COPY RECEIPT DATED 21.3.2024
ISSUED BY THE 7TH RESPONDENT TO THE
2ND PETITIONER
Exhibit-P9 TRUE COPY RECEIPT DATED 19.3.2024
ISSUED BY THE 7TH RESPONDENT TO THE
3RD PETITIONER
Exhibit-P10 TRUE COPY RECEIPT DATED 27.3.2024
ISSUED BY THE 7TH RESPONDENT TO THE
4TH PETITIONER
Exhibit-P11 TRUE COPY RECEIPT DATED 27.3.2024
ISSUED BY THE 7TH RESPONDENT TO THE
5TH PETITIONER
Exhibit-P12 TRUE COPY RECEIPT DATED 26.3.2024
ISSUED BY THE 8TH RESPONDENT TO THE
1ST PETITIONER
Exhibit-P13 TRUE COPY OF THE ORDER DATED 05/3/2024
ISSUED BY THE PRESIDENT OF THE NADUVIL
GRAMA PANCHAYATH
Exhibit-P14 TRUE COPY OF THE CIRCULAR DATED
1.9.2009 ISSUED BY THE ELECTION
COMMISSION
Exhibit-P15 TRUE COPY OF THE JUDGMENT DATED
29/3/2021 IN WP(C ) NO.; 8228/2021 OF
THIS HON'BLE COURT
RESPONDENT ANNEXURES
ANNEXURE R2(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 R2(B) THE PHOTOCOPY OF PROCEEDING NO.
DCKNR/4406/2024-D1 DATED 18-03-2024 OF
THE DISTRICT MAGISTRATE AND DISTRICT
COLLECTOR, KANNUR
ANNEXURE R2(C) THE PHOTOCOPY OF JUDGMENT DATED 20-03-
2024 IN WP(C)NO.11254/2024 OF THIS
HON'BLE COURT
