High Court of KeralaSingle Judge2021-03-18Writ petition disposed; arms deposited earlier ...

Dr. Vinod Kumar K. and others v State of Kerala and others

Case / Petition Number:WP(C).No.6964 of 2021 (U)

Neutral Citation:/null

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P.V. ASHA
Judgment Date: 2021-03-18
Court Decision / Holding: Disposed of. The petition is ordered with the directive that arms already deposited with police/armoury be released to the petitioners within three days from receipt of a copy of the judgment, subject to compliance with the Election Commission circular and relevant notices/due process.
Final Disposition: Writ petition disposed; arms deposited earlier are to be released within three days of receipt of judgment copy; directions to comply with Election Commission circular and due process for future actions.

Parties to the Case

Appellants / Petitioners

Dr. Vinod Kumar K.
A.K. Faizal
P.A. Kunhamed
Adoobacker Abdulla
Zubair Kunnil Hamza
B. Abdul Gafoor
Sunny Joseph

Respondents

State of Kerala
District Collector, Kasaragod
Additional District Magistrate, Kasaragod
Station House Officer, Hosdurg Police Station
Station House Officer, Kasaragod Police Station
Station House Officer, Bekal Police Station
Station House Officer, Adhur Police Station
Station House Officer, Chittarikkal Police Station
Election Commission of India
State Election Commission
District Police Chief, Kasaragode (ADDL. R11)

Legal Representation & Advocates

Counsels for Petitioners

• Sri A. Arunkumar
• Sri Vipin T. Jose

Counsels for Respondents

• Sri Kodoth Sreedharan (SC)
• Smti. Rekha C. Nair

Case Synopsis & Summary

The petition is a Writ Petition (Civil) filed by seven license-holders seeking relief against directives that required them to deposit licensed firearms with police stations/armouries. Petitioners deposited arms in reliance on directions and received receipts (Exts. P2–P2(E)). The respondents had earlier brought to this Court the issue that, in similar situations, the Election Commission circular of 01.09.2009 and the licensing authority’s procedures should govern action, including possible notices and a Screening Committee’s findings under clause 3.11 of the circular. In WP(C).No.3682 of 2021, this Court had already rendered a judgment dated 17.02.2021 prohibiting deposit-directed actions and directing adherence to the circular, with officers instructed to release arms after due process. The Government Pleader presented that, notwithstanding those judgments, the State Police Chief issued a directive on 15.03.2021 to desist from requiring deposit and to strictly follow the 01.09.2009 circular. The Court, considering the State’s position and the prior judgments cited, disposed of the petition by directing the release of already-deposited firearms to the petitioners within three days of receiving a copy of the judgment. The appendix lists licenses and arm receipts. The decision emphasizes compliance with the Election Commission circular and due notice via licensing authorities, while balancing security concerns and license-holders’ rights.

Provisions of Law Cited

Clause 3.11 of the Election Commission Circular dated 01.09.2009

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that directing deposit of licensed arms without notice and without a proper screening process violates earlier orders of this Court and the Election Commission circular. They rely on prior judgments requiring due process and non-deposit directives to protect licensees’ rights, and seek release of arms already deposited.

Contentions of Respondents

The respondents argue that security concerns and existing circulars justify deposit or retention procedures; they rely on prior judgments and directives, including a coordinated approach via the Election Commission circular and directions from the State Police Chief, to ensure compliance and orderly disposal of arms, with appropriate notice and screening mechanisms.

Cited Precedents (5)

Case Name	Citation	Treatment	Explanation
Saji Kuriachan v. District Collector, Ernakulam	2011 (1) KLT 484	Mentioned Only	Cited as part of background jurisprudence referenced by the Court in discussing past directions, but not expressly distinguished, overruled, or positively applied within the present order.
Binesh G. Vadath v. District Collector	2011 (1) KHC 214	Mentioned Only	Cited for background context on court’s stance in similar arms-deposit disputes; no ratio decidendi is stated to be adopted or rejected in the present judgment.
Joseph v. District Collector	2019 (1) KLT 1034	Mentioned Only	Referenced among earlier judgments guiding practice on deposit of arms; the present judgment does not explicitly adopt or distinguish its ratio.
Criminal Writ Petition No. 835/2009 (Bombay High Court)	(Bombay HC)	Mentioned Only	Exhibit reference to a Bombay High Court decision cited in the Background; not treated as a binding precedent in the Kerala High Court decision.
WP(C).No.3682 of 2021	Judgment dated 17.02.2021	Mentioned Only	Cited as the controlling decision that directed non-deposit and adherence to circulars; the present judgment aligns with that order without overruling it.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942** ## **WP(C).No.6964 OF 2021(U)** ## **PETITIONERS:** - **1 DR. VINOD KUMAR K., AGED 61 YEARS, S/O.LATE M.K.NAMBIAR, RESIDING AT KIZHAKKUMKARA, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.** - **2 A.K. FAIZAL, AGED 45 YEARS, S/O. C.P. ABBASALI, P.O. KUDLU, KASARAGOD, KASARGOD DISTRICT-671 124.** - **3 P.A. KUNHAMED, AGED 65 YEARS, S/O.LATE ABOOBACKER HAJI, SOLAR HOUSE, POOCHAKKOD, KEEKAN, P.O.PALLIKKERE, KASARAGOD DISTRICT-671 316.** - **4 ADOOBACKER ABDULLA, AGED 65 YEARS, S/O.P.ABDULLA HAJI, POONMALA HOUSE, JOLY NAGAR, PALLIKKAVU, PALLIKKARA P.O. KASARAGOD-671 316.** - **5 ZUBAIR KUNNIL HAMZA, AGED 48 YEARS, S/O. K.HAMZA, K.H.MAHAL, BEKAL, PALLIKKERA, PALLIKKARA P.O. KASARAGOD-671 316.** - **6 B.ABDUL GAFOOR, AGED 46 YEARS, S/O.ABDU KADER BEARY, BALANADUKKAM HOUSE, MULIYAR P.O. KASARGOD DISTRICT-671 542.** - **7 SUNNY JOSEPH, AGED 57 YEARS, S/O.T.S.JOSEPH, THEKKEPARAMBIL HOUSE, KOTTANKAVALA, PERAMBA P.O., MALOTH VILLAGE, KASARAGOD-671 326. BY ADVS. SRI.A.ARUNKUMAR SRI.VIPIN T.JOSE** **WP(C).No.6964 of 2021** **2** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 THE DISTRICT COLLECTOR, KASARAGOD CIVIL STATION, VIDYANAGAR P.O., KASARAGOD DISTRICT-671 123.** - **3 THE ADDITIONAL DISTRICT MAGISTRATE, KASARAGOD, VIDYANAGAR P.O., KASARAGOD DISTRICT-671 123.** - **4 THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, KASARAGOD DISTRICT-671 315.** - **5 THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, KASARAGOD DISTRICT-671 123.** - **6 THE STATION HOUSE OFFICER, BEKAL POLICE STATION, KASARAGOD DISTRICT-671 316.** - **7 THE STATION HOUSE OFFICER, ADHUR POLICE STATION, KASARAGOD DISTRICT-671 542.** - **8 THE STATION HOUSE OFFICER, CHITTARIKKAL POLICE STATION, KASARAGOD DISTRICT-671 326.** - **9 THE ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASOKA ROAD, PANDIT PANT MARG AREA, SANSAD MARG AREA, NEW DELHI-110 001, REPRESENTED BY ITS SECRETARY.** - **10 THE STATE ELECTION COMMISSION, ELECTION DEPARTMENT, KERALA LEGISLATIVE COMPLEX, VIKAS BHAVAN P.O. THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS SECRETARY.** - ***ADDL. R11 THE DISTRICT POLICE CHIEF, KASARAGODE.** - ***ADDITIONAL R11 IS SUO MOTU IMPLEADED AS PER ORDER DATED 18.03.2021.** **WP(C).No.6964 of 2021** **3** **BY ADVS. SRI.KODOTH SREEDHARAN, SC, STATE ELECTION COMMISSION, KERALA SMT.REKHA.C.NAIR, GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6964 of 2021** **4** ## **JUDGMENT** **Petitioners in this case are holders of licensed fire arms. Their grievance is over the illegal direction of the respondents 4 to 8 to deposit the fire arms with the police stations/armoury, based on which all the petitioners except the 3[rd] petitioner deposited their fire arms for which Exts.P2 to P2(e) receipts were issued.** **2. Persons similarly situated like petitioners had already approached this Court in W.P.(C) No.3682 of 2021 and was disposed of by judgment dated 17.02.2021 with a direction to the respondents that such directions to deposit the licensed arms shall not be issued and the Circular issued by the Election Commission on 01.09.2009 has** **to be followed and that it is for the licensing authority to issue notice to the** **WP(C).No.6964 of 2021** **5** **licensee, in the event of a finding arrived at by the Screening Committee to be constituted in accordance with the provisions contained in clause 3.11 of the said Circular, directing the licensee to deposit the fire arm. Seeing that the directions to deposit the licensed fire arms were issued to petitioners without any notice issued to them by the licensing authority and that not even a Screening Committee was constituted in accordance with clause 3.11 of the Circular dated 01.09.2009 issued by the Election Commission of India, this Court directed the respective Station House Officers to release the fire arms deposited with them.** **3. Seeing that such instances are recurring in even in the districts from which writ petitions were already filed, and** **WP(C).No.6964 of 2021** **6** **judgment was rendered, the learned Government Pleader was directed to get instruction from the State Police Chief and the Commissioner for Land Revenue, as to why the police officers are collecting the licensed arms, despite the directions in a series of judgments of this Court in** _**Saji Kuriachan v. District Collector, Ernakulam**_ **[2011 (1) KLT 484],** _**Binesh G. Vadath v. District Collector**_ **[2011 (1) KHC 214],** _**Joseph v. District Collector**_ **[2019 (1) KLT 1034], etc.** **4. The learned Government Pleader submits that the State Police Chief has thereupon issued letter dated 15.03.2021 directing all the District Police Chief across the State to instruct the respective officers under them to desist from requiring deposit of fire arms and to strictly abide** **WP(C).No.6964 of 2021** **7** **by the Circular issued on 01.09.2009 of the Election Commission of India.** **In the light of the aforesaid directions issued by the State Police Chief, this writ petition is disposed of. The petitioners, who have already deposited their fire arms with the respective police stations or the armories, petitioners would** **be free to get those fire arms released and the respective Station House Officers shall see that the same is released to the petitioners, within a period of three days from the date of receipt of a copy of the judgment. Sd/-** **P.V.ASHA JUDGE** ## **ww** **WP(C).No.6964 of 2021** **8** ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE ARMS LICENSE OF THE 1ST PETITIONER ISSUED BY DISTRICT MAGISTRATE.** **EXHIBIT P1(A) A TRUE COPY OF THE ARMS LICENSE OF THE 2ND PETITIONER ISSUED BY DISTRICT MAGISTRATE.** - **EXHIBIT P1(B) A TRUE COPY OF THE ARMS LICENSE OF THE 2ND PETITIONER ISSUED BY DISTRICT MAGISTRATE.** - **EXHIBIT P1(C) A TRUE COPY OF THE ARMS LICENSE OF THE 3RD PETITIONER ISSUED BY DISTRICT MAGISTRATE.** - **EXHIBIT P1(D) A TRUE COPY OF THE ARMS LICENSE OF THE 4TH PETITIONER ISSUED BY DISTRICT MAGISTRATE.** - **EXHIBIT P1(E) A TRUE COPY OF THE ARMS LICENSE OF THE 5TH PETITIONER ISSUED BY DISTRICT MAGISTRATE.** - **EXHIBIT P1(F) A TRUE COPY OF THE ARMS LICENSE OF THE 6TH PETITIONER ISSUED BY DISTRICT MAGISTRATE.** - **EXHIBIT P1(G) A TRUE COPY OF THE ARMS LICENSE OF THE 7TH PETITIONER ISSUED BY DISTRICT MAGISTRATE.** - **EXHIBIT P2 A TRUE COPY OF THE RECEIPT DATED 16.11.2020 SHOWING THE DEPOSIT OF THE FIRE ARMS OF THE 1ST PETITIONER.** - **EXHIBIT P2(A) A TRUE COPY OF THE RECEIPT DATED 20.02.2021 SHOWING THE DEPOSIT OF THE FIRE ARMS OF THE 2ND PETITIONER.** - **EXHIBIT P2(B) A TRUE COPY OF THE RECEIPT DATED 26.01.2021 SHOWING THE DEPOSIT OF THE FIRE ARMS OF THE 4TH PETITIONER.** - **EXHIBIT P2(C) A TRUE COPY OF THE RECEIPT DATED 14.11.2020 SHOWING THE DEPOSIT OF THE FIRE ARMS OF THE 5TH PETITIONER.** - **EXHIBIT P2(D) A TRUE COPY OF THE RECEIPT DATED 15.01.2021 SHOWING THE DEPOSIT OF THE FIRE ARMS OF THE 6TH PETITIONER.** **WP(C).No.6964 of 2021** **9** |**EXHIBIT P2(E)**|**A TRUE COPY OF THE RECEIPT DATED 01.02.2019**| |---|---| ||**SHOWING THE DEPOSIT OF THE FIRE ARMS OF THE**| ||**7TH PETITIONER.**| |**EXHIBIT P3**|**THE TRUE COPY OF THE JUDGMENT DATED**| ||**10/07/2009 IN CRIMINAL WRIT PETITION NO.**| ||**835/2009 ON THE FILES OF THE HONOURABLE**| ||**BOMBAY HIGH COURT DOWNLOADED THROUGH**| ||**INTERNET.**| |**EXHIBIT P4**|**THE TRUE COPY OF THE INSTRUCTION BEARING**| ||**NO.464/INST/2009/EPS, DATED 1/9/2009 ISSUED**| ||**BY THE ELECTION COMMISSION OF INDIA.**| |**EXHIBIT P5**|**THE TRUE COPY OF THE JUDGMENT DATED**| ||**17/2/2021 IN WP(C) NO.3682/2021 ON THE**| ||**FILES OF THIS HONOURBALE COURT.**|