Kerala High Court
Abdul Azeez 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. 12761 OF 2024
PETITIONER:
ABDUL AZEEZ,
AGED 60 YEARS
SON OF SULAIMAN, PANANGAT HOUSE, VADAKUMURI,
IRUMBUZHY P.O,, MALAPPURAM, PIN - 676509
BY ADV K.P.SANTHI
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT,G.P.O,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR,
CIVIL STATION,MALAPPURAM, PIN - 676505
3 SUPERINTENDENT OF POLICE,
OFFICE OF THE SUPERINTENDENT OF POLICE
MALAPPURAM, PIN - 676505
4 STATION HOUSE OFFICER,
MANJERI POLICE STATION, MANJERI
MALAPPURAM, PIN - 676505
SMT.REKHA C. NAIR, SENIOR 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.12761 of 2024
2
JUDGMENT
Dated this the 27th day of March, 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 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 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 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 the 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. 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 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
petitioner 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 an application for
exemption within two days and produce 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
spk
APPENDIX OF WP(C) 12761/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE OBTAINED LICENSE NO.
183280001177092014 FOR ONE 12 BORE
SBBL GUN NO. 5560-83 OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE
INSTRUCTIONS GIVEN BY THE ELECTION
COMMISSION DATED 8-6-2023
Exhibit P3 TRUE COPY OF THE PROCEEDINGS DATED 13-
9-2021 OF THE DIVISIONAL FOREST
OFFICER, NILAMBUR NORTH
Exhibit P4 TRUE COPY OF THE PROCEEDINGS DATED 12-
4-2023 OF THE SECRETARY, KAVANNOOR
GRAMA PANCHAYAT GRANTING PERMISSION
Exhibit P5 TRUE COPY OF THE PROCEEDINGS DATED 19-
8-2022 OF THE PRESIDENT, ANAKKAYAM
GRAMA PANCHAYAT GRANTING PERMISSION
Exhibit P6 TRUE COPY OF THE PROCEEDINGS DATED 14-
9-2023 OF THE PRESIDENT, KALIKKAVU
GRAMA PANCHAYAT GRANTING PERMISSION
Exhibit P7 TRUE COPY OF THE PROCEEDINGS DATED 17-
11-2023 OF THE PRESIDENT, OZHUR GRAMA
PANCHAYAT GRANTING PERMISSION
Exhibit P8 TRUE COPY OF THE MEMBERSHIP CARD DATED
30-9-2017 ISSUED TO THE PETITIONER BY
THE RIFLE ASSOCIATION
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 26-3-
2021 IN W.P.(C) NO. 7275 OF 2021 OF
THIS HONOURABLE COURT
