Benny M.M. and others v. The District Collector, Kannur and others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE N.NAGARESH`** ``` FRIDAY, THE 22[ND] DAY OF MARCH 2024 / 2ND CHAITHRA, 1946 WP(C) NO. 11662 OF 2024 ``` ## **`PETITIONERS:`** - **`1 BENNY M.M AGED 54 YEARS S/O MATHEW, MUTTATHIL HOUSE, PULIKURUMBA P.O, KANNUR, PIN - 670582`** - **`2 JOSHY K.J AGED 51 YEARS S/O JOSEPH, KAIPRAMPATTU HOUSE, KUDIYANMALA POST ,KANNUR, PIN - 670582`** - **`3 SHAJI E.M AGED 54 YEARS S/O MATHAYI, ANAKKUZHI POST,KANNUR, PIN - 670571`** - **`4 THOMAS T.D AGED 72 YEARS`** - **`S/O DEVASIA, MAPRAKAVIL HOUSE, MANAKADAVU P.O, KANNUR, PIN - 670571`** - **`5 JOSEKUTTY SCARIA AGED 65 YEARS S/O SCARIA, IDIYANKUNNEL HOUSE, MANAKADAVU P.O, KANNUR, PIN - 670571`** - **`6 THOMAS KUNNUMBRATH AGED 66 YEARS S/O THOMMAN THOMAS, KUNNUMBRATH HOUSE,KARTHIKAPURAM PO, KANNUR, PIN - 670571`** - **`7 NISHAD JOHN AGED 40 YEARS S/O JOHN V. J, VALIYAVEETTIL HOUSE, RAYAROME P.O, KANNUR, PIN - 670571`** - **`8 REGI GEORGE AGED 54 YEARS S/O GEORGE A.S, IYAKKARA HOUSE,`** ``` WP(C) NO.11662 OF 2024 ``` ``` 2 ``` ``` PATHAMPARA P.O, ALAKODE (VIA) , KANNUR, PIN - 670571 ``` - **`9 SANU CYRIAC AGED 46 YEARS S/O P.J JOHN, PANTHALLOUR HOUSE, VAYAKKARA, KAITHAPRAM P.O, SREEKANDAPURAM, KANNUR, PIN - 670631`** - **`10 JAMES P.T AGED 64 YEARS S/O THOMAS, PALLIPARAMBIL HOUSE, PARAKKADAVU, PAYYAVOOR, KANNUR, PIN - 670504`** - **`11 KUNJIKRISHNAN K.K AGED 76 YEARS S/O GOPALAN, PUTHALATH HOUSE, BLATHUR, KALLIAD P.O, KANNUR, PIN – 670593`** ``` BY ADVS. ROJO JOSEPH P.C.THOMAS P.T.JUDY NAVIA SEBASTIAN ``` ## **`RESPONDENTS:`** - **`1 THE DISTRICT COLLECTOR COLLECTORATE, KANNUR, PIN - 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 KUDIYANMALA POLICE STATION,KANNUR DT, PIN - 670582`** ``` WP(C) NO.11662 OF 2024 ``` ``` 3 ``` - **`7 THE STATION HOUSE OFFICER PAYYAVUR POLICE STATION,KANNUR DT, PIN - 670633`** - **`8 THE STATION HOUSE OFFICER IRUKKUR POLICE STATION,KANNUR DT, PIN - 670593`** - **`9 THE STATION HOUSE OFFICER SREEKANDAPURAM POLICE STATION, KANNUR DT, PIN - 670631`** - **`10 THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ,ASHOKA ROAD, NEW DELH I, REPRESENTED BY IT'S CHIEF ELECTION COMMISSIONER., PIN – 110001`** ``` BY ADV DEEPU LAL MOHAN (STANDING COUNSE) SRI.SREEJITH V.S-GOVERNMENT PLEADER SRI.T.P.SAJAN-SPL.GOVERNMENT PLEADER ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO.11662 OF 2024 ``` ``` 4 ``` ## **JUDGMENT** Dated this the 22[nd] 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 licence is issued for protection of life and crops. 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.P3, the 10[th] respondent-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 ``` WP(C) NO.11662 OF 2024 ``` ``` 5 ``` 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 Ext.P3 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 he 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 Commissioner submitted that a Screening Committee has ``` WP(C) NO.11662 OF 2024 ``` ``` 6 ``` 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. For the time being, it will be sufficient that the petitioners submit applications 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 ``` WP(C) NO.11662 OF 2024 ``` ``` 7 ``` appropriate orders and the petitioners should not be directed to surrender the arms before the Screening Committee takes a decision in the matter. **Sd/-** **N.NAGARESH JUDGE** hmh ``` WP(C) NO.11662 OF 2024 ``` ``` 8 ``` ## **`APPENDIX OF WP(C) 11662/2024`** ## **`PETITIONER EXHIBITS`** |**`Exhibit -P1`**|**`(a)`**|**`TRUE COPY OF THE, ARMS LICENSES`**| |---|---|---| |||**`BEARING NO. LN18318A186A121 DATED ON`**| |||**`22-12-2022, IN THE 1ST PETITIONER`**| |**`Exhibit -P1`**|**`(b)`**|**`TRUE COPY OF THE, ARMS LICENSES`**| |||**`BEARING NO.LN18318A186BC21 DATED ON`**| |||**`13-06-2023, ISSUED TO THE 2ND`**| |||**`PETITIONER`**| |**`Exhibit -P1`**|**`(c)`**|**`TRUE COPY OF THE, ARMS LICENSES`**| |||**`BEARING NO.LN18318A186BD21 DATED ON`**| |||**`15-03-2022, ISSUED TO THE 3RD`**| |||**`PETITIONER`**| |**`Exhibit -P1`**|**`(d)`**|**`TRUE COPY OF THE, ARMS LICENSES`**| |||**`BEARING NO.LN18318A7A13B22 DATED ON`**| |||**`15-03-2022, ISSUED TO THE 4TH`**| |||**`RESPONDENT`**| |**`Exhibit -P1`**|**`(e)`**|**`TRUE COPY OF THE, ARMS LICENSES`**| |||**`BEARING NO.LN18318A7A17518 DATED ON`**| |||**`18-12-1995, ISSUED TO THE 5TH`**| |||**`PETITIONER`**| |**`Exhibit -P1`**|**`(f)`**|**`TRUE COPY OF THE, ARMS LICENSES`**| |||**`BEARING NO.LN18318A7A15C17 DATED ON`**| |||**`17-08-1994, ISSUED TO THE 6TH`**| |||**`PETITIONER`**| |**`Exhibit -P1`**|**`(g)`**|**`TRUE COPY OF THE, ARMS LICENSES`**| |||**`BEARING NO.LN18318A186A423 DATED ON`**| |||**`19-08-2023, ISSUED TO THE 7TH`**| |||**`PETITIONER`**| |**`Exhibit -P1`**|**`(h)`**|**`TRUE COPY OF THE, ARMS LICENSES`**| |||**`BEARING NO. LN18318A7A19017 DATED ON`**| |||**`09-10-2017, ISSUED TO THE 8TH`**| |||**`PETITIONER`**| |**`Exhibit -P1`**|**`(i)`**|**`TRUE COPY OF THE, ARMS LICENSES`**| |||**`BEARING NO.LN18318A186D723 DATED ON`**| |||**`17-10-2023, ISSUED TO THE 9TH`**| |||**`PETITIONER`**| ``` WP(C) NO.11662 OF 2024 ``` ``` 9 ``` ``` Exhibit -P1 (j)TRUE COPY OF THE, ARMS LICENSES BEARING NO.LN18318A186F023 DATED ON 26-10-2023, ISSUED TO THE 10TH PETITIONER Exhibit -P1 (k)TRUE COPY OF THE, ARMS LICENSES BEARING NO.LN18318A7A12E17 DATED ON 08-05-1998, ISSUED TO THE 11TH PETITIONER ``` ``` Exhibit -P2TRUE COPY OF THE ORDER DATED 05-03- 2024ISSUEDBYTHENADUVIL GRAMAPANCHAYATH PRESIDENT SHOWING THE EMPANELMENT OF PETITIONERS 1 TO 4 FOR SHOOTING WILD BORE. Exhibit -P3TRUECOPYOFTHECIRCULAR 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. RESPONDENT ANNEXURES ANNEXURE R10(A)THEPHOTOCOPYOFLETTER 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 R10(B)THE PHOTOCOPY OF PROCEEDING NO. DCKNR/4406/2024-D1 DATED 18-03-2024 OF THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, KANNUR ```