Jose Prakash K.G and others v. State of Kerala and others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: N. Nagareesh
Judgment Date: 2024-03-25
Court Decision / Holding: Writ petition disposed of with a direction to approach the Screening Committee for exemption. If the petitioners file an application for exemption within two days of receipt of a copy of this judgment and produce a copy before the 3rd respondent SHO, they shall not be compelled to surrender the arms until the Screening Committee decides on the matter.
Final Disposition: Writ petition disposed of with directions to seek exemption from surrender before the Screening Committee; non-surrender during pendency of exemption decision if conditions are met.

Parties to the Case

Appellants / Petitioners

Jose Prakash K.G
K.P. Thomas
Reji Joseph
Sureshkumaran Nair
Aby Thomas
K.A. Joseph
P.P. Philip

Respondents

State of Kerala represented by the Additional Secretary, Revenue Department, Government of Kerala, Thiruvananthapuram, PIN-695001
The District Collector Pathanamthitta District, Pathanamthitta, PIN-689645
Station House Officer Perumpetty Police Station, Pathanamthitta, PIN-689592

Legal Representation & Advocates

Counsels for Petitioners

• M.R. Sasith
• Anjana Suresh E

Counsels for Respondents

• Sreejith V.S. (Government Pleader)

Case Synopsis & Summary

This writ petition challenges the State authorities’ direction to deposit the petitioners’ licensed arms during the Lok Sabha Elections, 2024. The petitioners contend that the licenses were issued for protection of life and crops, and that surrendering the arms would defeat their purpose, as the embargo would extend for about two months until election results are declared. They assert that the Election Commission’s guidelines were not properly followed, and that no procedures under Ext.P3 Circular were observed prior to directing surrender. The court flags a binding precedent in Joseph K.A v. District Collector, Kottayam and others, 2019 (1) KLT 1034, which holds that orders to deposit weapons during elections must be issued only after complying with Ext.P3 Circular. The petitioners fear for life security if left defenseless during extended periods, while respondents rely on a Screening Committee that will consider exemptions and indicate that licensees may seek exemptions from government and EC orders. Considering pleadings and time constraints, the court disposes the petition by permitting the petitioners to approach the Screening Committee for exemption. If they file within two days from receipt of this judgment and provide a copy to the SHO, they shall not be forced to surrender the arms until the Screening Committee decides.

Submissions & Arguments

Contentions of Appellants / Petitioners

Petitioners contend that arms licenses are granted for personal protection and crop protection; surrender during elections would defeat the license’s purpose and extend for about two months; no Ext.P3 process or mandated procedure was followed; seek exemption from surrender through the Screening Committee to avoid loss of life protection and property.

Contentions of Respondents

respondents submit that a Screening Committee has been constituted to consider exemptions; licensees may request exemption; if exemption is granted, arms can be retained during the election period; guidelines issued by the Election Commission are to be followed.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Joseph K.A v. District Collector, Kottayam and others	2019 (1) KLT 1034	Positive	The Court cited this decision to support the proposition that orders to deposit arms during elections must follow the Ext.P3 Circular; hence preserving the need for compliance with the Circular.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE N.NAGARESH`** ``` MONDAY, THE 25[TH] DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 ``` ## **`WP(C) NO. 12088 OF 2024`** ## **`PETITIONERS:`** - **`1 JOSE PRAKASH K.G AGED 52 YEARS S/O K.J..GEORGE, VALIYAKUNNUMPURATHU HOUSE, VAIPUR P.O., MALLAPPALLY, PATHANAMTHITTA., PIN - 689588`** - **`2 K.P. THOMAS AGED 74 YEARS S/O K.M.PHILIP, KOYIKKAL HOUSE, AYIRAVAN, KONNI PO, PATHANAMTHITTA., PIN - 689691`** - **`3 REJI JOSEPH AGED 52 YEARS S/O K.U. JOSEPH, KADAKKETH HOUSE, ANGADI, PULLOOPRAM, RANNI, PATHANAMTHITTA., PIN - 689674`** - **`4 SURESHKUMARAN NAIR AGED 60 YEARS S/O C. SREEDHARAN NAIR, ARAPPURAYIL, THELLIYOOR, VENNIKKULAM, PATHANMTHITTA., PIN - 689544`** - **`5 ABY THOMAS AGED 56 YEARS S/O K.A. THOMAS, PUTHENPURAYIL, NELLIKKAMAN, RANNI, PATHANAMTHITTA., PIN - 689674`** - **`6 K.A JOSEPH AGED 68 YEARS S/O K.C.ABRAHAM, KUNNILETH, EETTICHUVADU, RANNI, PATHANAMTHITTA., PIN – 689676`** ``` WP(C) NO.12088 OF 2024 ``` ``` 2 ``` ``` 7P.P PHILIP AGED 59 YEARS PERUMARATHUNGAL HOUSE, AYIROOR SOUTH PO, PATHANAMTHITTA., PIN – 689611 ``` ``` BY ADVS. M.R.SASITH ANJANA SURESH.E ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL SECRETARY, REVENUE DEPARTMENT, 1ST FLOOR, SECRETARIAT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM., PIN - 695001`** - **`2 THE DISTRICT COLLECTOR PATHANAMTHITTA DISTRICT, 2ND FLOOR, COLLECTORATE ROAD, CHITTOOR, PATHANAMTHITTA., PIN - 689645`** - **`3 STATION HOUSE OFFICER PERUMPETTY POLICE STATION, PATHANAMTHITTA., PIN – 689592`** ## **`SRI.SREEJITH V.S-GOVERNMENT PLEADER`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO.12088 OF 2024 ``` ``` 3 ``` ## **JUDGMENT** Dated this the 25[th] 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. The Election Commission of India has issued guidelines to be complied with, prior to directing a valid arms licence holder to deposit their arms during the period of elections. However, in the case of the petitioners, no ``` WP(C) NO.12088 OF 2024 ``` ``` 4 ``` 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 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. Government Pleader representing the respondents submitted that a Screening Committee has been constituted and the Screening Committee will be considering the issues in ``` WP(C) NO.12088 OF 2024 ``` ``` 5 ``` 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 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 file application for exemption before the Screening Committee within two days from the date of receipt of a copy of this judgment and produces a copy thereof before the 3[rd] respondent- Station House Officer, then the petitioners shall ``` WP(C) NO.12088 OF 2024 ``` ``` 6 ``` not be forced to surrender the arm till Screening Committee takes a decision in the matter. Sd/- **N.NAGARESH JUDGE** hmh ## **`WP(C) NO.12088 OF 2024`** ``` 7 ``` ## **`APPENDIX OF WP(C) 12088/2024`** ## **`PETITIONER EXHIBITS`** ``` Exhibit P1THE TRUE COPY OF THE LICENSE FOR GUN ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT FOR THE PURPOSE OF SELF-PROTECTION ``` ``` Exhibit P2THE TRUE COPY OF THE LICENSE FOR GUN ISSUED TO THE 2ND PETITIONER FOR THE PURPOSE OF SELF-PROTECTION ``` ``` Exhibit P3THE TRUE COPY OF THE LICENSE FOR GUN ISSUED TO THE 3RD PETITIONER FOR THE PURPOSE OF SELF-PROTECTION ``` ``` Exhibit P4THE TRUE COPY OF THE LICENSE FOR GUN ISSUED TO THE 4TH PETITIONER BY THE 2ND RESPONDENT Exhibit P5THE TRUE COPY OF THE LICENSE FOR GUN ISSUED TO THE 5TH PETITIONER FOR THE PURPOSE OF SELF-PROTECTION ISSUED BY THE 2ND RESPONDENT ``` ``` Exhibit P6THE TRUE COPY OF THE LICENSE FOR GUN ISSUED TO THE 6TH PETITIONER BY THE 2ND RESPONDENT Exhibit P7THE TRUE COPY OF THE LICENSE FOR GUN ISSUED TO THE 7TH PETITIONER BY THE 2ND RESPONDENT ``` ``` Exhibit P8THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 12.02.2024 Exhibit P9THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 12.02.2024 Exhibit P10THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT DATED 12.02.2024 Exhibit P11THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT DATED 12.02.2024 Exhibit P12THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH PETITIONER BEFORE ``` ``` WP(C) NO.12088 OF 2024 ``` ``` 8 ``` ``` THE 2ND RESPONDENT DATED 12.02.2024 Exhibit P13THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 6TH PETITIONER BEFORE THE 2ND RESPONDENT DATED 12.02.2024 Exhibit P14THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 7TH PETITIONER BEFORE THE 2ND RESPONDENT DATED 12.02.2024 ```