High Court of KeralaSingle JudgeWrit petition disposed of with directions to ap...

Vimal Kumar v. District Magistrate (District Collector), Palakkad, and others

Case / Petition Number:WP(C) No. 13007 of 2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • N. Nagareesh
Judgment Date
2024-03-27
Court Decision / Holding
The writ petition is disposed of, directing the petitioner to submit an exemption application before the Screening Committee within two days. If such application is filed within two days and copies of this judgment and exemption application are produced before the 2nd respondent, the Station House Officer shall not insist on surrender of arms till the Screening Committee takes a decision in the matter.
Final Disposition
Writ petition disposed of with directions to approach the Screening Committee for exemption; if filed timely, the SHO shall not insist on surrender until the Committee decides.

Parties to the Case

Appellants / Petitioners

  • Vimal Kumar

Respondents

  • District Magistrate (District Collector), Palakkad
  • Station House Officer, Pudunagaram Police Station, Palakkad
  • Election Commission of India
  • State Election Commission, Kerala

Legal Representation & Advocates

Counsels for Petitioners

  • • B. Pramod
  • • Biju Vigneswar
  • • Athul M.V.

Counsels for Respondents

  • • Deepu Lal Mohan
  • • Smt. Rekha C Nair

Case Synopsis & Summary

The petitioner, Vimal Kumar, challenges a directive to deposit his licensed arms during the Lok Sabha Elections 2024. He holds a valid licence for a DBBL gun (No. 7443), valid from 13-10-2021 to 30-09-2026, issued for protection of life and crops. He argues that surrender during the election period would defeat the very purpose of the licence, and the two-month window before and after the declaration of results would leave him unprotected. He also contends that the Election Commission circular of 01-09-2009, laying down guidelines for deposits during elections, was not followed in his case. Citing Joseph K. A. v. District Collector, Kottayam (2019 (1) KLT 1034), he asserts that any order to deposit must be premised on compliance with the circular. The Screening Committee has been constituted to consider issues in detail, and the petitioner seeks exemption from surrender, arguing the lack of procedural compliance and the potential danger to life and property if deposit is ordered without proper justification. Respondents state that exemptions can be sought and that the Screening Committee will examine the matter. The court, noting pleadings would delay resolution, disposes the petition, directing the petitioner to approach the Screening Committee for exemption within two days; if filed with copies of this judgment, the SHO shall refrain from insisting on surrender until a decision is made by the Committee.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that the arms licence is issued for protection of life and crops; surrender during the election period would render the licence ineffective for a substantial period, leaving him unprotected. He asserts that the procedure prescribed by the Election Commission's circular (01.09.2009) must be followed before directing surrender, and the lack of adherence invalidates the order. Relying on Joseph K. A. v. District Collector, Kottayam (2019 (1) KLT 1034), he urges that deposits during elections be ordered only with proper compliance of the circular, and that an exemption process should be available through the Screening Committee. He contends the right to self-defence and protection of life and property necessitates an exemption until the election period ends or a decision is taken on his exemption request. He seeks relief by allowing retention of arms or, at minimum, an exemption from surrender pending committee consideration.

Contentions of Respondents

The respondents contend that the Election Commission has issued guidelines to be followed and that a Screening Committee has been constituted to consider exemptions in appropriate cases. They argue that maintaining the security of elections and preventing misuse of arms during the election period justifies a mechanism to assess requests for exemption. They emphasise that licensees who wish to retain arms can seek exemption, and the court should defer to the Screening Committee’s process, ensuring that any order is compliant with established guidelines even as it balances individual hardship.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Joseph K. A. v. District Collector, Kottayam and others2019 (1) KLT 1034PositiveCited to support the proposition that orders for depositing weapons during elections must follow the Circular; the present judgment invokes this principle to justify seeking compliance and the exemption route via the Screening Committee.
WP(C) No. 11254/2024WP(C) 11254/2024Mentioned OnlyAnnexed as a judgment copy in respondent Annexures; not discussed or relied upon in the substantive reasoning.

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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 MR.JUSTICE N.NAGARESH** **WEDNESDAY, THE 27[TH] DAY OF MARCH 2024 / 7TH CHAITHRA, 1946** ## **WP(C) NO. 13007 OF 2024** ## **PETITIONER:** **VIMAL KUMAR AGED 48 YEARS, S/O. SANTHA KUMARI, PALAYIL, 147/12, PATTANCHERY, PALAKKAD., PIN – 678532.** **BY ADVS. B.PRAMOD BIJU VIGNESWAR ATHUL M.V.** ## **RESPONDENTS:** - **1 THE DISTRICT MAGISTRATE (THE DISTRICT COLLECTOR) CIVIL STATION, PALAKKAD – 678001.** - **2 THE STATION HOUSE OFFICER PUDUNAGARAM POLICE STATION, PALAKKAD., PIN – 678503.** - **3 THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN, ASOKA ROAD, PANDIT PANT MARG AREA, SANSAD MARG AREA, NEW DELHI. PIN - 110001 REPRESENTED BY ITS SECRETARY.** - **4 THE STATE ELECTION COMMISSION ELECTION DEPARTMENT, KERALA LEGISLATIVE COMPLEX, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY., PIN – 695033.** **BY ADVS. DEEPU LAL MOHAN SMT.REKHA C NAIR, SENIOR GOVERNMENT PLEADER** ## **W.P.(C)No.13007 of 2024** :2: **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **W.P.(C)No.13007 of 2024** **==> picture [14 x 9] intentionally omitted <==** ## **J U D G M E N T** Dated this the 27[th] day of March, 2024 The writ petition is filed by the petitioner aggrieved by the direction issued to deposit the licensed arms held by the petitioner prior to the impending Lok Sabha Elections, 2024 without any specific reasons. 2. The petitioner submits 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 Circular dated 01.09.2009, the 3[rd] respondent-Election Commission of India has issued ## **W.P.(C)No.13007 of 2024** **==> picture [14 x 9] intentionally omitted <==** 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 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 the Circular. 5. The petitioner apprehends that depositing his validly held arms during such a long period will prevent him from protecting his life in the event he encounters any mishaps. The direction of the respondents to the petitioner to deposit his arms during the period of election dehors any legally tenable reason and dehors any finding to that effect ## **W.P.(C)No.13007 of 2024** **==> picture [14 x 9] intentionally omitted <==** by the Screening Committee, is untenable and is liable to be interfered with by this Court, contended the petitioner. 6. Standing Counsel representing the Election Commission filed a statement and 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 petitioner 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 petitioner submits an ## **W.P.(C)No.13007 of 2024** :6: 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 petitioner submits an application within two days from the date of receipt of copy of this judgment, the Screening Committee shall pass appropriate orders. If the petitioner files application for exemption within two days and produces a copy of this judgment and a copy of exemption application before the 2[nd] respondent-Station House Officer, the 2[nd] respondent shall not insist for surrender of arms till the Screening Committee takes a decision in the matter. Sd/- **N. NAGARESH JUDGE** ams ## **W.P.(C)No.13007 of 2024** :7: ## **APPENDIX OF WP(C) 13007/2024** ## **PETITIONER EXHIBITS** - **Exhibit P1** - **TRUE COPY OF THE LICENSE GRANTED BY THE 1ST RESPONDENT TO THE PETITIONER WHICH IS VALID FROM 13.10.2021 TO 30.09.2026 FOR POSSESSING THE DBBL GUN BEARING NO. 7443.** - **Exhibit P2 TRUE COPY OF THE ORDER DATED 16.12.2021 ISSUED BY THE DFO NENMARA FOREST DIVISION EMPANELLING OF THE PETITIONER AS A SHOOTER FOR HUNTING DOWN WILD BOARS IN THE SAID FOREST DIVISION.** - **Exhibit P3 TRUE COPY OF THE ORDER DATED 27.07.2022 ISSUED BY THE PRESIDENT OF THE PATTANCHERRY GRAMA PANCHAYATH APPOINTING THE PETITIONER AS A SHOOTER FOR HUNTING DOWN WILD BOARS.** - **Exhibit P4 TRUE COPY OF THE ORDER DATED 07.09.2022 ISSUED BY THE PRESIDENT OF THE PERUMATTIY GRAMA PANCHAYATH APPOINTING THE PETITIONER AS A SHOOTER FOR HUNTING DOWN WILD BOARS.** - **Exhibit P5 TRUE COPY OF THE ORDER DATED 14.09.2022 ISSUED BY THE PRESIDENT OF THE THENKURISSI GRAMA PANCHAYATH EMPANELED THE PETITIONER AS A SHOOTER FOR HUNTING DOWN WILD BOARS.** - **Exhibit P6** - **PHOTOGRAPHS OF THE PETITIONER AND OTHER SHOOTERS NEAR THE CARCASS OF THE TWO WILD BOARS KILLED BY THEM.** - **Exhibit P7** - **TRUE COPY OF THE REPORT DATED 02.06.2022 PUBLISHED IN MALAYALA** ## **W.P.(C)No.13007 of 2024** :8: ## **MANORAMA DAILY.** ## **Exhibit P8** **TRUE COPY OF THE TAX RECEIPT DATED 19.08.2022 SHOWING PAYMENT OF BASIC TAX IN RESPECT OF THE PETITIONERS' PROPERTY COMPRISED IN SURVEY NO. 193/2 IN KUTHANNOOR -II VILLAGE.** **Exhibit P9 PHOTOGRAPH OF THE AGRICULTURAL LAND OWNED BY THE PETITIONER.** ## **RESPONDENT ANNEXURES** - **Annexure R3(a) THE PHOTOCOPY OF LETTER NO.464/INST/2009/EPS DATED 01-09-2009 ISSUED BY THE ELECTION COMMISSION OF INDIA** - **Annexure R3(b) THE PHOTOCOPY OF LETTER 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 R3(c)** - **THE PHOTOCOPY OF PROCEEDING NO. DCPKD/3765/2024-D2 DATED 18-03-2024 OF THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, PALAKKAD** - **Annexure R3(d)** - **THE PHOTOCOPY OF JUDGMENT DATED 2003-2024 IN WP(C)NO.11254/2024 OF THIS HON'BLE COURT**