Kerala High Court
Antony Jose vs District Magistrate on 5 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 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 13429 OF 2024
PETITIONERS:
1 JIMMY JOSE
AGED 47 YEARS, S/O T.K JOSEPH,
THEKKEKANDATHIL HOUSE, RAYAROMP.O,
ALAKODE, KANNUR, PIN - 670571.
2 SAJU JOSE
AGED 53 YEARS, S/O JOSEPH,
THEKKEKANDATHIL HOUSE, KUTTAPARAMBA P.O,
ALAKODE, KANNUR, PIN - 670571.
3 GEORGE SEBASTIAN
AGED 54 YEARS, S/O SEBASTIAN,
MYLADOOR, CHEDIKKUNTU, VELLAD,
KANNUR, PIN - 670571.
4 TOM SEBASTIAN
AGED 59 YEARS, S/O DEVASIA,
KARINATTU HOUSE, ARIVILANJAPOYIL P.O,
ALAKODE, KANNUR, PIN - 670571.
5 SREEKUMAR .P
AGED 49 YEARS, S/O CHIRUKANADA P,
POORAKKADAVATH, PERINTHATTA,MECHIRA,
PORAKKUNNUPO, KANNUR - 670306.
6 PRAADEESH P.P
AGED 35 YEARS
S/O PREMAN .P.P, DILEEP NIVAS,
KANICHERY, PARASSINIKADAVE P.O,
ANTHUR VILLAGE, THALIPARAMBA TALUK,
KANNUR, PIN - 670563.
W.P.(C)Nos.13429, 13673 &
14211 of 2024
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7 K.NARAYANAN
AGED 69 YEARS, S/O KUNJAMBU,
KUTTIYADAN HOUSE,
CHATTIOL, OLAYAMBADI P.O,
M.M. BAZAR ( VIA) ,
KANNUR, PIN - 670306.
8 RADHAKRISHNAN . M
AGED 54 YEARS, S/O KUNHIRAMAN ALAYIL,
ALAYIL HOUSE, CHATTIOL,
OLAYAMBADI P.O,M.M. BAZAR ( VIA) ,
KANNUR, PIN - 670306.
9 RAVINDRAN P.P
AGED 57 YEARS, S/O M.KRISHNAN,
NEEKAMVALLY P.O,PILATHRA,
KANNUR, PIN - 670504.
10 SHIJESH .C
AGED 40 YEARS, S/O A. NARAYANAN,
CHENGAT HOUSE, KOTTOL, PERINGOME P.O,
KANNUR, PIN - 670353.
11 BYJU .M
AGED 40 YEARS, S/O NARAYANAN .K,
MANNAMTE HOUSE, CHATTIOL, OLAYAMBADI P.O,
M.M. BAZAR ( VIA) , KANNUR - 670306.
12 RAJESH .P
AGED 45 YEARS, S/O KUNHIRAMAN.K,
KEENERI HOUSE, KANAI P.O, PAYYANNUR,
KANNUR, PIN - 670307.
13 PRADEEP KUMAR.V
AGED 50 YEARS, S/O KOTTAN, ALAKKAD,
ERIAM P.O, PANAPUZHA, M.M. BAZAR( VIA),
KANNUR, PIN - 670306.
W.P.(C)Nos.13429, 13673 &
14211 of 2024
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14 M. ANAND
AGED 35 YEARS, S/O KALLAMBALLY NARAYANAN,
ANAND NIVAS, MATHIL P.O, ALAPPADAMBA,
PAYYANNUR THALUK, KANNUR, PIN - 670307.
BY ADVS.
P.C.THOMAS
ROJO JOSEPH
P.T.JUDY
NAVIA SEBASTIAN
RESPONDENTS:
1 THE SCREEINING COMMITTEE FOR DEPOSITING ARMS
DURING GENERAL ELECTION TO LOKH SABHA
KANNUR DISTRICT, REPRESENTED BY DISTRICT
MAGISTRATE, COLLECTORATE, KANNUR - 670002.
2 THE ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE, KANNUR, PIN - 670002.
3 THE DISTRICT SUPERINTENDENT OF POLICE
KANNUR DISTRICT, KANNUR, PIN - 670002.
4 THE RANGE FOREST OFFICER
FOREST RANGE OFFICE, THALIPARAMBA,
KANNUR DT, PIN - 670141.
5 THE STATION HOUSE OFFICER
ALAKODE POLICE STATION,
KANNUR DT, PIN - 670571.
6 THE STATION HOUSE OFFICER
PERINGOME POLICE STATION,
KANNUR DT, PIN - 670307.
W.P.(C)Nos.13429, 13673 &
14211 of 2024
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7 THE STATION HOUSE OFFICER
PAYYANNUR POLICE STATION,
KANNUR DT, PIN - 670307.
8 THE STATION HOUSE OFFICER
PARIYARAM POLICE STATION,
KANNUR DT, PIN - 670503.
9 THE STATION HOUSE OFFICER
THALIPARAMBA POLICE STATION,
KANNUR DT, PIN - 670141.
10 THE ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN,ASHOKA ROAD,
NEW DELAHI, REPRESENTED BY IT'S
CHIEF ELECTION COMMISSION - 110001.
BY ADVS.
S.GOPINATHAN, SENIOR GOVERNMENT PLEADER
DEEPU LAL MOHAN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, ALONG WITH WP(C).13673/2024
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)Nos.13429, 13673 &
14211 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 13673 OF 2024
PETITIONERS:
1 LITTO.P.JOHN
AGED 53 YEARS, SON OF JOHN,
PUTHENPURAYIL HOUSE,
THODUPUZHA.P.O,THODUPUZHA,
IDUKKI DISTRICT, PIN - 685584.
2 JOSE ABRAHAM
AGED 78 YEARS, SON OF ABRAHAM,
KIZHAKEUNNIPPILLIL HOUSE,
THODUPUZHA EAST.P.O, THODUPUZHA,
IDUKKI DISTRICT, PIN - 685585.
3 JOSHY KURIACHAN
AGED 47 YEARS, SON OF KURIACHAN,
KIZHAKEUNNIPPILLIL HOUSE, ANCHIRI.P.O,
THODUPUZHA, IDUKKI DISTRICT - 685585.
BY ADVS.
AUGUSTINE JOSEPH
GEORGE RENOY
ARJUN REMANAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM - 695036.
W.P.(C)Nos.13429, 13673 &
14211 of 2024
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2 THE KERALA STATE ELECTION COMMISSION
VIKAS BHAVAN, THIRUVANANTHAPURAM, KERALA,
REPRESENTED BY ITS SECRETARY, PIN - 695033.
3 THE CHIEF ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, NEW DELHI, PIN - 110001.
4 THE DISTRICT COLLECTOR & CHAIRMAN
SCREENING COMMITTEE
ARMS ACT, PAINAVU.P.O, KUYILIMALA,
IDUKKI, PIN - 685603.
5 THE DISTRICT POLICE CHIEF
PAINAVU.P.O, KUYILIMALA,
IDUKKI, PIN - 685603.
6 THE STATION HOUSE OFFICER
THODUPUZHA.P.O, THODUPUZHA,
IDUKKI DISTRICT, PIN - 685584.
BY ADVS.
S.GOPINATHAN, SENIOR GOVERNMENT PLEADER
DEEPU LAL MOHAN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, ALONG WITH WP(C).13429/2024,
14211/2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)Nos.13429, 13673 &
14211 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 14211 OF 2024
PETITIONER:
ANTONY JOSE
AGED 33 YEARS, S/O JOSE.P.L,
PARECATTIL HOUSE, PULIYANOM PO,
ANGAMALY, ERNAKULAM - 683572.
BY ADVS.
P.YADHU KUMAR
ASWINI SANKAR R.S.
RESPONDENTS:
1 DISTRICT MAGISTRATE
CIVIL STATION, THRIKKAKKARA PO,
ERNAKULAM DISTRICT, PIN - 682030.
2 STATION HOUSE OFFICER
ANGAMALY POLICE STATION, ANGAMALLY,
ERNAKULAM DISTRICT, PIN - 683572.
BY ADVS.
S.GOPINATHAN, SENIOR GOVERNMENT PLEADER
DEEPU LAL MOHAN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, ALONG WITH WP(C).13673/2024
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)Nos.13429, 13673 &
14211 of 2024
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JUDGMENT
Dated this the 5th day of April, 2024
[W.P.(C)Nos.13429, 13673 & 14211 of 2024]
In all these cases, 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 intending Lok
Sabha Elections, 2024, the Station House Officers directed
the petitioners to surrender their Arms in order to ensure
peaceful, free and fair Elections.
W.P.(C)Nos.13429, 13673 &
14211 of 2024
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 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
Kannur and Idukki Districts, where threat from wild animals
is rampant. The Screen Committee constituted pursuant to
W.P.(C)Nos.13429, 13673 &
14211 of 2024
the directions of the Election Commission has not
considered the issues in its true and proper perceptive. 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 petitions. 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
W.P.(C)Nos.13429, 13673 &
14211 of 2024
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 time. There is a possibility of security threat during
Elections especially when prominent politicians are
campaigning. The writ petitions are devoid of merit and
liable to be dismissed, contended the Senior Government
W.P.(C)Nos.13429, 13673 &
14211 of 2024
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 Officers are
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
Election / by Election.
9. A perusal of Ext.P1 Circular would indicate that
the Election Commission has advised that immediately after
W.P.(C)Nos.13429, 13673 &
14211 of 2024
the announcement of Elections, the District Magistrate 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.P1 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
W.P.(C)Nos.13429, 13673 &
14211 of 2024
to review. The Election 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 hilly areas of the State during the recent past.
W.P.(C)Nos.13429, 13673 &
14211 of 2024
Most of the petitioners are farmers, who want to protect their
lives, property as well as agriculture, for the purpose of their
livelihood.
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 petitions are disposed of. Orders impugned in
these writ petitions 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
W.P.(C)Nos.13429, 13673 &
14211 of 2024
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
ams
W.P.(C)Nos.13429, 13673 &
14211 of 2024
APPENDIX OF WP(C) 13429/2024
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE CIRCULAR
NO.464/INST/2009/EPS DATED 01-09-2009
ISSUED BY THE ELECTION COMMISSION OF
INDIA REGARDING CONSTITUTION OF
SCREENING COMMITTEE TO REGULATE THE
DEPOSIT OF GUNS DURING GENERAL
ELECTION
Exhibit -P2 TRUE COPY OF THE JUDGMENT DATED 21-
03-2024 IN WP(C ) NO. 11487/2024 OF
THIS HONORABLE DIRECTING THE
PETITIONERS TO APPROACH THE SCREENING
COMMITTEE, ESTABLISHED UNDER THE EXT-
P-1 CIRCULAR, TO SEEK AN EXEMPTION
FROM DEPOSITING FIREARMS
Exhibit -P3 TRUE COPY OF THE DIRECTION DATED 26-
04-2022 ISSUED BY THE 10TH RESPOND
ELECTION COMMISSION OF INDIA IN VIEW
OF THE FACT THAT THE AUTHORITIES ARE
NOT ADHERING TO EXT-P1 CIRCULAR WITH
REGARD TO THE PROCEDURE FOR DEPOSIT
OF FIREARMS.
Exhibit -P4 TRUE COPY OF THE MINUTES OF MEETING
DATED 25/03/2024 OF THE 1ST
RESPONDENT WHERE IN REFLECT THE
DECISION REJECTING THE REQUEST
SEEKING FOR EXEMPTION FROM DEPOSITION
OF ARMS.
Exhibit- P5 TRUE COPY OF THE NADUVIL GRAM
PANCHAYAT PRESIDENT'S ORDER DATED 05-
03-2024, WHICH DOCUMENTS THE
EMPANELMENT OF PETITIONERS 1 TO 4 AS
W.P.(C)Nos.13429, 13673 &
14211 of 2024
APPROVED SHOOTERS.
Exhibit- P6 TRUE COPY OF THE KANNAPURAM GRAM
PANCHAYAT PRESIDENT'S ORDER DATED 16-
03-2024, WHICH DOCUMENTS THE
EMPANELMENT OF PETITIONERS 5 TO 10 AS
APPROVED SHOOTERS
Exhibit -P7 TRUE COPY OF THE NEWSPAPER CUTTING
WHICH APPEARED IN MALAYALA MANORAMA
DAILY DATED 30-01-2021 AND 26-04-2021
REGARDING THE CROP DESTRUCTION CAUSED
BY THE WILD BORE IN PROPERTY OF THE
PETITIONERS 1 AND 2.
Exhibit -P8 TRUE COPY OF COMMUNCATION DATED 03-
04-2024(EXPLAINS THE DAMAGES CAUSED
BY THE ATTACK OF WILD BOAR) ISSUED BY
THE MEMBER OF WARD 2 OF ERAMA-KUTTOOR
GRAMAPANCHAYATH
Exhibit -P9 TRUE COPY OF COMMUNICATION DATED 03-
04-2024(EXPLAINS THE DAMAGES CAUSED
BY THE ATTACK OF WILD BOAR) ISSUED BY
THE MEMBER OF WARD 4 OF PERALASSERY
GRAMAPANCHAYATH
Exhibit -P10 TRUE COPY OF COMMUNICATION DATED 04-
04-2024(EXPLAINS THE DAMAGES CAUSED
BY THE ATTACK OF WILD BOAR) ISSUED BY
THE MEMBER OF WARD 11 OF PERINGOME-
VAYAKKARA GRAMAPANCHAYATH
Exhibit -P11 TRUE COPY OF COMMUNICATION DATED 04-
04-2024(EXPLAINS THE DAMAGES CAUSED
BY THE ATTACK OF WILD BOAR) ISSUED BY
THE PRESIDENT OF CHERUTHAZHAM
GRAMAPANCHAYATH
Exhibit -P12 TRUE COPY OF THE NEWSPAPER CUTTING
WHICH APPEARED IN MALAYALA MANORAMA
W.P.(C)Nos.13429, 13673 &
14211 of 2024
DAILY DATED 31-03-2024 REGARDING THE
CROP DESTRUCTION AND ATTACK ON A
FARMER BY THE WILD BORE IN
THALIPARAMBA AREA.
Exhibit -P13 TRUE COPY OF THE NEWSPAPER CUTTING
WHICH APPEARED IN MALAYALA MANORAMA
DAILY DATED 02-04-2024 REGARDING THE
CROP DESTRUCTION AND ATTACK ON A
FARMER BY THE WILD BORE IN IRITTY,
KALIKAYAM AND KANICHAR AREA.
Exhibit -P14 TRUE COPY OF THE NEWSPAPER CUTTING
WHICH APPEARED IN MALAYALA MANORAMA
DAILY AND DHESHABIMAI DATED 25-03-
2024 AND 31-03-2024 RESPECTIVELY
REGARDING THE CROP DESTRUCTION AND
ATTACK ON A FARMER BY THE WILD BORE
IN TALIPARAMA, KELAKAM AND KANICHAR
AREA
Exhibit -P15 TRUE COPY OF PHOTOS OF INJURED
FARMRES DUE TO THE ATTACK OF WILD
BORE IN CHERUPUZHA AND KANICHAR AREA.
W.P.(C)Nos.13429, 13673 &
14211 of 2024
APPENDIX OF WP(C) 13673/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE CIRCULAR NO.
464/INST/2009/EPS DATED 1.9.2009 FROM
THE ELECTION COMMISSION, 3RD
RESPONDENT.
Exhibit-P2 TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO.11169/2024 DATED 19.3.2024.
Exhibit-P3 TRUE COPY OF THE APPLICATION DATED
23.3.2024 SUBMITTED BEFORE THE 4TH
RESPONDENT.
Exhibit-P4 TRUE COPY OF THE PROCEEDINGS
NO.DCIDK/1417/2024-E2 OF THE 4TH
RESPONDENT DATED 26.3.2024.
W.P.(C)Nos.13429, 13673 &
14211 of 2024
APPENDIX OF WP(C) 14211/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF RELEVANT PAGES OF ARMS
LICENSE OF THE PETITIONER
Exhibit P2 A TRUE COPY OF THE AUTHORISATION
ORDER DATED 05/02/2024, ISSUED BY THE
PRESIDENT OF KARUKUTTY GRAMA
PANCHAYAT
Exhibit P3 A TRUE COPY OF THE AUTHORISATION
ORDER DATED 07/09/2023, ISSUED BY THE
PRESIDENT OF MUTHALAMADA GRAMA
PANCHAYAT
Exhibit P4 A TRUE COPY OF THE AUTHORISATION
ORDER DATED 13/03/2024, ISSUED BY THE
PRESIDENT OF KOLLENGODE GRAMA
PANCHAYAT
Exhibit P5 TRUE COPY OF THE EXEMPTION PETITION
FILED BY THE PETITIONER BEFORE THE
1ST RESPONDENT DATED 26/03/2024
Exhibit P6 TRUE COPY OF ORDER OF REJECTION DATED
30/03/2024 ISSUED BY THE 1ST
RESPONDENT
