Telangana High Court
Dr. Dvrao vs Election Commission Of India on 23 April, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT PETITION No.10469 of 2024
ORDER:
(per the Hon'ble the Chief Justice Alok Aradhe)
Dr. D.V. Rao appears as party-in-person.
Mr. Avinash Desai, learned Senior Counsel represents
Mr. Mohammed Omer Farooq, learned Standing Counsel for
Election Commission of India for respondent No.1.
Mr. Mahesh Raje, learned Government Pleader for
Home appears for respondent No.3.
2. In this Writ Petition, the petitioner, who is a practicing
advocate, has assailed the validity of the proceeding dated
04.04.2024 issued by the Commissioner of Police,
Rachakonda, wherein the application submitted by the
petitioner seeking exemption from depositing the licensed
firearm has been rejected in view of General Elections to the
Parliament of the country which are scheduled to be held on
13.05.2024 in the State of Telangana.
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3. Facts giving rise to filing of this Writ Petition briefly
stated are that arms license was issued to the petitioner on
25.10.2014 and it is valid up to 05.08.2028. The petitioner was
granted exemption from depositing his firearm in October,
2023, in view of Assembly Elections as well as the Elections
of Greater Hyderabad Municipal Corporation. In view of
impending General Elections to the Parliament, 2024, the
petitioner submitted an application seeking exemption from
depositing the licensed firearm. The aforesaid application has
been rejected by the Commissioner of Police on 04.04.2024. In
the aforesaid factual background, this Writ Petition has been
filed.
4. Party-in-person submitted that he is a practicing
advocate in Supreme Court as well as this Court and was
granted exemption from depositing his licensed firearm in
October, 2023, in view of Assembly Elections as well as the
Elections of Greater Hyderabad Municipal Corporation. It is
further submitted that the impugned order dated 04.04.2024
suffers from the vice of non-application of mind. It is further
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submitted that if exemption has been granted to the sports
person from depositing the licensed firearm, there is no reason
why the benefit of exemption should not be extended to the
practicing advocates. It is also submitted that the petitioner
pertains to the exempted category of persons and therefore, he
cannot be asked to deposit the licensed firearm.
5. On the other hand, learned Senior Counsel for
respondent No.1 submitted that under the Consolidated
Instruction dated 08.06.2023, which contains the Measures
relating to Law and Order for conducting peaceful, free and
fair General/Bye elections, requisite action has to be taken in
accordance with Clause F of the Consolidated Instruction in
respect of the license holders for depositing the licensed
firearms. It is submitted that the order dated 04.04.2024 has
been based on the proceeding of the Screening Committee
dated 19.03.2024.
6. Learned Government Pleader for Home has produced
the minutes of the Screening Committee dated 19.03.2024 in
the sealed cover for our perusal.
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7. We have considered the rival submissions made on both
sides and have perused the record.
8. Election Commission of India had initially issued
directions on 13.03.1996 which provided for review and
deposit of firearms licenses before an election. The Bombay
High Court in Govind v. Vikram Kumar 1 laid down the
guidelines for deposit of firearms prior to elections which
require constitution of a Screening Committee at every District
to examine the firearm licenses issued in the said District. The
licensing authority is thereafter required to issue notices to the
license holders for depositing of firearms based on the
decision of the Screening Committee.
9. In the light of the judgment of Bombay High Court in
Govind (supra) and with the view to conduct free and fair
elections, Election Commission of India in exercise of powers
under Article 324 of the Constitution of India has issued
revised instructions dated 01.09.2009 with respect to deposit
of firearms. Aforesaid instructions have been further revised
2009 SCC OnLine Bombay 882
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and issued by Election Commission of India on 08.06.2023.
Relevant extract of Para 'F' of the aforesaid Consolidated
Instruction is extracted below for the facility of reference.
"F. DEPOSIT OF LICENSED ARMS-
(i) Immediately after the announcement of elections,
District Magistrates shall make a detailed and
individual review and assessment, in accordance with
the prevalent State laws, of all license holders so that
licensed arms in those cases where they consider it
essential are impounded in order to ensure
maintenance of law and order and conduct of free and
fair elections. The cases which may need inter alia
special review are:
(a) Arms licence of persons released on bail,
(b) Arms licence of persons having a history of
criminal offences, and
(c) Arms licence of persons previously involved in
rioting at any time but especially during the
election period.
(d) Arms license of persons involved in election
offences of any kind;
(ii). The Hon'ble High Court of Bombay in CWP
No.835 of 2009 (Sh Govind Vs. Vikram Kumar, Distt
Magistrate & Others) vide order dated 10th July 2009
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had laid down procedure for review and assessment of
all license holders, which needs to be followed
scrupulously, as follows:
(a) There shall be a Screening Committee in every
District and in every Police Commissionerate area.
In the District, the Screening Committee shall
consist of the District Magistrate and the
Superintendent of Police. In the Commissionerate
area, it shall consist of the Commissioner of Police
and Joint/Additional Commissioner of Police
(Administration)."
10. The petitioner has no absolute right to claim exemption
from deposit of the licensed firearm and the same is subject to
decision of the screening committee. Thus, after the
announcement of General Elections to the Parliament, 2024,
the screening committee has made a detailed and individual
review and assessment in accordance with the prevalent State
laws of all license holders. The case of the petitioner was also
considered on 24.08.2023. The Screening Committee in the
meeting convened on 03.04.2024, after taking into account the
recommendations made by the Deputy Commissioner of
Police, L.B.Nagar, Rachakonda, came to the conclusion that
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the petitioner is not exempted from depositing the licensed
firearm. The record produced before us contains the
recommendation made by the Deputy Commissioner of Police
wherein on an enquiry, it has been found that there is no threat
to the petitioner at least for past five (5) years. Accordingly,
the impugned order dated 04.04.2024 has been issued. The
aforesaid order is based on a cogent material which does not
call for any interference in exercise of jurisdiction of this
Court under Article 226 of the Constitution of India as the
discretion has not been arbitrarily exercised.
11. For the aforementioned reasons, the Writ Petition is
dismissed.
Miscellaneous applications, if any pending, shall stand
closed. There shall be no order as to costs.
___________________
ALOK ARADHE, CJ
________________________
ANIL KUMAR JUKANTI, J
23rd APRIL, 2024.
kvni
