Sreedharan K.V. and others v. State of Kerala and others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE N.NAGARESH`** ## **`MONDAY, THE 8[TH] DAY OF APRIL 2024 / 19TH CHAITHRA, 1946 WP(C) NO. 14500 OF 2024`** ## **`PETITIONERS:`** - **`1 SREEDHARAN.K.V. AGED 57 YEARS S/O. KUNHIRAMAN NAIR, ALAPPADAMBAKANAMETTUKUDUKKA, POKARIVELLUR, KANNUR DISTRICT, PIN - 670521`** - **`2 MAPPOTH MANOHARAN AGED 59 YEARS S/O. MADAYAN GOVINDAN, MADAYAN HOUSE, KUNDOOLAD, KOYYAM.P.O., KANNUR DISTRICT, PIN - 670142`** - **`3 VINOD.C.K. AGED 53 YEARS S/O. VIJAYAN, KRISHNALAYA 6TH MILE.P.O., KOTTAYAMPOIL, THALASSERY, KANNUR, PIN - 670691`** - **`4 BIJESH VIJAYAN AGED 45 YEARS S/O. P. VIJAYAN, VIJAYAPURAM AREEKKARA, MANANTHERI VILLAGE.P.O., MANATHERI, THALASSERY TALUK KANNUR, PIN - 670643`** - **`5 GOPAKUMAR.T.R. AGED 53 YEARS S/O. RAMAR KUTTY NAMBIAR, THERTHALA, KOYYAM.P.O. , TALIPARAMBA, KANNUR, PIN - 670142`** - **`6 P.J.SEBASTIAN AGED 69 YEARS S/O. JOSEPH, PULINTHANATH HOUSE, MANJAKKAD, CHERUPUZHA POVIA, PAYYANNUR, KANNUR, PIN - 670511`** - **`7 K.H. KUNHABDULLA AGED 70 YEARS S/O. USSANKUTTY, KUNDERI VALAPPIL HOUSE, CHEMPANTHOTTY.P.O., TALIPARAMBA, KANNUR, PIN - 670631`** - **`8 BIJU.M. PAUL AGED 54 YEARS S/O. PAULOSE, MUNDAKAL HOUSE,`** ``` WP(C) No.14500 Of 2024 ``` ``` 2 ``` ``` CHEMPANTHOTTY.P.O., KANNUR, PIN - 670631 9SHIJO.K.J. AGED 41 YEARS S/O. JOSEPH, KALATHIL PARAMBIL HOUSE, KAKKARA.P.O., M.M.BAZAR PEDENA, KANNUR, PIN – 670586 ``` ``` BY ADVS. SAJI KURIACHAN M.R.NANDAKUMAR JAYAPRAKASH NARAYANAN ARJUN ANIL ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695036`** - **`2 THE DISTRICT COLLECTOR CIVIL STATION.P.O., KANNUR, PIN - 670002`** - **`3 THE DISTRICT POLICE CHIEF CIVIL STATION.P.O., KANNUR, PIN - 670002`** - **`4 THE STATION HOUSE OFFICER PERINGOME POLICE STATION, PERINGOME.P.O. KANNUR, PIN - 670353`** - **`5 THE STATION HOUSE OFFICER SREEKANDAPURAM POLICE STATION, SREEKANDAPURAM.P.O. KANNUR, PIN - 670631`** - **`6 THE STATION HOUSE OFFICER KATHIRUR POLICE STATION, KATHIRUR.P.O. KANNUR, PIN - 670642`** - **`7 THE STATION HOUSE OFFICER KANNAVAM POLICE STATION, KANNAVAM.P.O. KANNUR, PIN - 670650`** - **`8 THE STATION HOUSE OFFICER CHERUPUZHA POLICE STATION, CHERUPUZHA.P.O. KANNUR, PIN – 670511`** ``` WP(C) No.14500 Of 2024 ``` ``` 3 ``` ## **`SRI.SREEJITH V.S-GOVERNMENT PLEADER`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) No.14500 Of 2024 ``` ``` 4 ``` ## **JUDGMENT** Dated this the 8[th] day of April, 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 licences are issued for their 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 Ext.P1 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 ``` WP(C) No.14500 Of 2024 ``` ``` 5 ``` the case of the petitioners, no 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 the 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. ``` WP(C) No.14500 Of 2024 ``` ``` 6 ``` 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 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 an application 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 ``` WP(C) No.14500 Of 2024 ``` ``` 7 ``` an application within two days from the date of receipt of copy of this judgment, the Screening Committee shall pass appropriate orders. If the petitioners file application for exemption within two days and produce a copy of this judgment and a copy of exemption application before respondents 4 to 8, respondents 4 to 8 shall not insist for surrender of arms till the Screening Committee takes a decision in the matter. Sd/- **N.NAGARESH JUDGE** hmh ``` WP(C) No.14500 Of 2024 ``` ``` 8 ``` ## **`APPENDIX OF WP(C) 14500/2024`** ## **`PETITIONER EXHIBITS`** ``` Exhibit P1TRUE COPY OF THE CIRCULAR DATED 01.09.2009FROMTHEELECTION COMMISSION Exhibit P2TRUE COPY OF THE JUDGMENT DATED 10-01- 2011 IN W.P.(C) NO. 9933, 10598 OF 2009 ```