Kerala High Court
Varkey Mathai vs State Of Kerala on 27 March, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 12824 OF 2024
PETITIONERS:
1 VARKEY MATHAI
AGED 54 YEARS
S/O. MATHAI.P.V., MAIKAVU.P.O. THAMARASSERY,
KOZHIKODE DISTRICT, PIN - 676573
2 ROSHAN MATHEW
AGED 46 YEARS
S/O. MATHAI.V.T., VAVALMAKKAL HOUSE,
VENAPPARA.P.O., OMASSERY (VIA), KOZHIKODE
DISTRICT, PIN - 673582
3 WILSON.E.J
AGED 52 YEARS
S/O. JOHN, EDAKKARA HOUSE, PULLURAMPARA P.O.,
CALICUT DISTRICT, PIN - 673603
4 BABU JOHN
AGED 54 YEARS
S/O.JOHN, EDAPPATTUKAVUNGAL HOUSE,
KOODATHAI.P.O., KOZHIKEDE DISTRICT, PIN - 673580
5 A.A.SEBSTIAN
AGED 62 YEARS
S/O. ABRAHAM, ANIKUDIYIL HOUSE, KODENCHERY.P.O.,
KOZHIKODE DISTRICT, PIN - 673580
6 SEBSTIAN.MS.
AGED 56 YEARS
AGED 56, S/O. SCARIA, MADIKKANGAL THIRUVAMBADY
THAMARASSERY, KOZHIKODE DISTRICT, PIN - 673603
7 K.V. ILYAS BABU
AGED 51 YEARS
S/O. KV. ABDUL AZEEZ, ROSE VILLA
KANAKKAYAM.P.O.,MALAPPURAM DISTRICT, PIN - 676509
8 ASHIK.K.V.
AGED 43 YEARS
S/O. K.V. ABDUL AZEEZ, KOORIMANNIL VAIYAMANNIL,
ANAKKAYAM, MANJERI, MALAPPURAM, PIN - 676509
WP(C) No.12824 of 2024
2
BY ADVS.
SAJI KURIACHAN
M.R.NANDAKUMAR
JAYAPRAKASH NARAYANAN
ARJUN ANIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695036
2 THE DISTRICT COLLECTOR
KOZHIKODE.P.O., KOZHIKODE, PIN - 673020
3 THE DISTRICT COLLECTOR
CIVIL STATION P.O.
MALAPPURAM DISTRICT, PIN - 676505
4 THE SUPERINTENDENT OF POLICE (RURAL)
VADAKARA P.O., KOZHIKODE, PIN - 673101
5 THE SUPERINTENDENT OF POLICE (RURAL)
CIVIL STATION P.O.
MALAPPURAM DISTRICT, PIN - 676505
6 THE STATION HOUSE OFFICER
KODENCHERY POLICE STATION KODENCHERY.P.O.,
KOZHIKODE DISTRICT, PIN - 673580
7 THE STATION HOUSE OFFICER
THIRUVAMBADY POLICE STATION THIRUVAMBADY.P.O.,
KOZHIKODE DISTRICT, PIN - 673603
8 THE STATION HOUSE OFFICER
MANJERI POLICE STATION MANJERI.P.O.,
MALAPPURAM, PIN - 676509
SRI.SREEJITH V.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.12824 of 2024
3
JUDGMENT
Dated this the 27th day of March, 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 their safety and 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.P1 Circular dated 01.09.2009, the
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 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 the Circular.
5. The petitioners apprehend that depositing their
validly held arms during such a long period will prevent them
from protecting their lives 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. Government Pleader representing the respondents
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 applications for
exemption within two days and produce a copy of this
judgment and a copy of exemption application before
respondents 6 to 8, respondents 6 to 8 shall not insist for
surrender of arms till the Screening Committee takes a
decision in the matter.
Sd/-
N.NAGARESH
JUDGE
spk
APPENDIX OF WP(C) 12824/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CIRCULAR DATED
01.09.2009 FROM THE ELECTION
COMMISSION
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 12-03-
2021 IN W.P.(C) NO. 5780 OF 2021
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 10-01-
2011 IN W.P.(C) NO. 9933, 10598 OF
