High Court of KeralaSingle Judge2024-03-27Writ petition disposed of; permission to apply ...

WP(C) No. 13109 of 2024 (Petitioners: Binoj Thomas; Francis M.J; Viji Thomas; Benny Paul; K.A. Amjad; Sajeev Jacob; Puthiyaparambil Joseph Joseph; Abraham Manuel; Jothy Thomas; Gee Thomas; Muhammad Rasheed M.I.; Joshy Thomas; Rony John; Respondents: District Magistrate / District Collector Palakkad; District Magistrate, Thrissur; District Magistrate, Idukki; Station House Officers of Kalladikkode, Vadakkencherry, Cherpu, Mathilakam, Vellathooval police stations))

Case / Petition Number:WP(C) No.13109 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 by permitting the petitioners to approach the Screening Committee for exemption from surrender of arms. If the petitioners file an exemption application within two days, and furnish a copy of this judgment and exemption application, the respondents shall not insist on surrender until the Screening Committee renders its decision.
Final Disposition: Writ petition disposed of; permission to apply for exemption to the Screening Committee; arms not to be surrendered pending Screening Committee decision if exemption sought and filed within two days of judgment copy.

Parties to the Case

Appellants / Petitioners

Binoj Thomas
Francis M.J
Viji Thomas
Benny Paul
K.A. Amjad
Sajeev Jacob
Puthiyaparambil Joseph Joseph
Abraham Manuel
Jothy Thomas
Gee Thomas
Muhammad Rasheed M.I.
Joshy Thomas
Rony John

Respondents

District Magistrate / District Collector, Palakkad
District Magistrate Civil Station, Thrissur
District Magistrate Civil Station Idukki
The Station House Officer, Kalladikkode Police Station, Palakkad
The Station House Officer, Vadakkencherry Police Station, Alathur, Palakkad District
The Station House Officer, Cherpu Police Station, Thrissur District
The Station House Officer, Mathilakam PS, Thrissur District
The Station House Officer, Vellathooval Police Station, idukki

Legal Representation & Advocates

Counsels for Petitioners

• Aswini Sankar R.S.
• P. Yadhu Kumar

Counsels for Respondents

• Smt. Rekha C Nair, Senior Government Pleader

Case Synopsis & Summary

This writ petition challenges a directive to deposit licensed firearms held by the petitioners in the run-up to the Lok Sabha Elections 2024. The petitioners, all licensed arms holders, argue that surrender ahead of the election would imperil their safety and defeat the purpose of licensure, since licenses are issued for protection and the return of arms would occur only after election results—often a two-month horizon. They invoke the Election Commission’s Circular of 01.09.2009, which lays down procedural safeguards before directing surrender, and rely on the decision in Joseph K. A. v. District Collector, Kottayam (2019) to insist that orders mandating surrender must be grounded in compliance with the Circular. The respondents contend that a Screening Committee has been constituted to assess exemptions, and that licensees seeking to retain arms can apply for exemption. The court observes that pleadings are not fully developed and that a detailed ruling would require time; accordingly, it disposes the petition with a provisional mechanism. The court directs that the petitioners may apply for exemption to the Screening Committee within two days, and if filed with the judgment copy, the arms need not be surrendered pending the Committee’s decision. This order balances security concerns with licensees’ safety needs.

Provisions of Law Cited

Election Commission Circular dated 01.09.2009 on arms deposit during elections

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that directing surrender of licensed arms before the Lok Sabha elections deprives them of safety. They argue that surrender would frustrate the purpose of licensure, since the arms could be reclaimed only after the election results, typically after two months. They contend that the 2009 Election Commission circular prescribes procedural safeguards that were not followed in their case. They rely on the decision in Joseph K. A. v. District Collector, Kottayam (2019) to emphasize that orders of surrender must be grounded in the Circular and proper procedures. They fear life and property risks if forced to surrender during elections without due process.

Contentions of Respondents

The Government Pleader notes a Screening Committee has been constituted to consider exemptions, and that licensees may seek exemption. The State argues for compliance with the Circular and for a balanced approach between security during elections and the rights of licensees. The respondents contend that surrender can be exempted upon proper application and that the Screening Committee will decide on exemptions.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Joseph K. A. v. District Collector, Kottayam and others	2019 (1) KLT 1034	Positive	Cited for the proposition that orders to deposit weapons during elections must follow the Circular’s clauses.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against WP(C) No. 13109 of 2024 (Petitioners: Binoj Thomas; Francis M.J; Viji Thomas; Benny Paul; K.A. Amjad; Sajeev Jacob; Puthiyaparambil Joseph Joseph; Abraham Manuel; Jothy Thomas; Gee Thomas; Muhammad Rasheed M.I.; Joshy Thomas; Rony John; Respondents: District Magistrate / District Collector Palakkad; District Magistrate, Thrissur; District Magistrate, Idukki; Station House Officers of Kalladikkode, Vadakkencherry, Cherpu, Mathilakam, Vellathooval police stations)) and instantly map out authorities that support, challenge, or govern your position.

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. 13109 OF 2024** **PETITIONERS:** - **1 BINOJ THOMAS AGED 54 YEARS, S/O THOMAS GEORGE PALLIVATHUKKAL HOUSE KARIMBA P.O. MANNARKKAD , PALAKKAD, PIN – 678597.** - **2 FRANCIS M.J AGED 70 YEARS, S/O M.V. JOSEPH MANGALY HOUSE KARIMBA P.O MANNARKKAD, PIN – 678597.** - **3 VIJI THOMAS AGED 51 YEARS, S/O M.P.THOMAS MANACKAL HOUSE KARIMBA P.O. MANNARKKAD PALAKKAD, PIN – 678597.** - **4 BENNY PAUL AGED 68 YEARS, S/O P.M.PAULOSE PUTHUSSERY HOUSE KORACHIRA P.O. PATTAYAMPALLAM, PIN – 678684.** - **5 K.A. AMJAD AGED 58 YEARS, S/O ABOOBAKER KATTAKALATH VELIPARAMBIL VEZHAVANNA EDAVIANGU P.O, T THRISSUR – 680671.** - **6 SAJEEV JACOB AGED 55 YEARS S/O N.C.JACOB NEELIYARA (H) VADAKKANCHERY.P.O. ALATHUR, PALAKKAD, PIN – 678683.** - **7 PUTHIYAPARAMBIL JOSEPH JOSEPH AGED 73 YEARS, S/O JOSEPH P.M. PUTHIYAPARAMBIL HOUSE ELAVANPADAM VANDAZHI ALATHUR, PALAKKAD – 678706.** :2: ## **W.P.(C)No.13109 of 2024** - **8 ABRAHAM MANUEL AGED 71 YEARS, S/O MANI VALIYAPARAMBIL HOUSE OLIMKADAVE P.O. MANGALAM DAM., PIN – 678706.** - **9 JOTHY THOMAS AGED 52 YEARS, S/O P.T.THOMAS PEEDIKAPARAMBIL HOUSE VADAKKANCHERRY, PIN – 678683.** - **10 GEE THOMAS AGED 54 YEARS, S/O M.P.THOMAS(L) MANACKAL HOUSE CHULLIMKULAM ESTATE KARIMBA P.O. MANNARKKAD PALAKKAD, PIN – 682582.** - **11 MUHAMMAD RASHEED M.I. AGED 54 YEARS, S/O IBRAHIM MANILAKATH HOUSE PANAMKULAM KARUVANNUR P.O THRISSUR DISTRICT, PIN – 680711.** - **12 JOSHY THOMAS AGED 56 YEARS, S/O M.P.THOMAS CHULLIYAMKULAM ESTATE MANACKAL ESTATE KARIMBA P.O. MANNARKKAD, PIN – 678597.** - **13 RONY JOHN AGED 39 YEARS, S/O JOHN KUZHINJALIL HOUSE SENGULAM POTHUMPARA, PIN – 685565.** **BY ADVS. ASWINI SANKAR R.S. P.YADHU KUMAR** ## **W.P.(C)No.13109 of 2024** :3: ## **RESPONDENTS:** - **1 DISTRICT MAGISTRATE / DISTRICT COLLECTOR COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU PALAKKAD DISTRICT., PIN – 678013.** - **2 DISTRICT MAGISTRATE CIVIL STATION, AYYANTHOLE, THRISSUR PIN – 680003.** - **3 DISTRICT MAGISTRATE CIVIL STATION IDUKKI, KUYILIMALA, PAINAVU P.O., PIN – 685603.** - **4 THE STATION HOUSE OFFICER KALLADIKKODE POLICE STATION, PALAKKAD, PIN – 678596.** - **5 THE STATION HOUSE OFFICER VADAKKENCHERRY POLICE STATION, ALATHUR, PALAKKAD DISTRICT – 678683.** - **6 THE STATION HOUSE OFFICER, CHERPU POLICE STATION, THRISSUR DISTRICT, PIN – 680561.** - **7 THE STATION HOUSE OFFICER MATHILAKAM PS, MATHILAKAM PO, THRISSUR DISTRICT, PIN – 680685.** - **8 THE STATION HOUSE OFFICER, VELLATHOOVAL POLICE STATION VELLATHOOVAL P.O, IDUKKI – 685563.** - **BY ADV.SMT.REKHA C NAIR, SENIOR GOVERNMENT PLEADER** ## **W.P.(C)No.13109 of 2024** **==> picture [14 x 9] intentionally omitted <==** **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.13109 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 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. ## **W.P.(C)No.13109 of 2024** :6: 3. As per 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 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 ## **W.P.(C)No.13109 of 2024** **==> picture [14 x 9] intentionally omitted <==** 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 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 ## **W.P.(C)No.13109 of 2024** **==> picture [14 x 9] intentionally omitted <==** 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 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 applications for exemption within two days and produce a copy of this judgment and a copy of exemption application before respondents 4 to 8, the 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** ams ## **W.P.(C)No.13109 of 2024** :9: ## **APPENDIX OF WP(C) 13109/2024** ## **PETITIONER EXHIBITS** - **Exhibit P 1 TRUE COPY OF RELEVANT PAGES OF THE ARMS LICENSE ISSUED TO THE 1ST PETITIONER BY THE FIRST RESPONDENT DATED 01/07/2022** - **Exhibit P 2 TRUE COPY OF THE RELEVANT PAGES OF THE ARMS LICENSE ISSUED TO THE 2ND PETITIONER BY THE FIRST RESPONDENT DATED 03/05/2021** - **Exhibit P 3 TRUE COPY OF THE RELEVANT PAGES OF ARMS LICENSE ISSUED TO THE 3RD PETITIONER BY THE FIRST RESPONDENT DATED 17/02/2020** - **Exhibit P 4 TRUE COPY OF THE RELEVANT PAGES OF ARMS LICENSE ISSUED TO THE 4TH PETITIONER BY THE FIRST RESPONDENT DATED 04/03/2022** - **Exhibit P 5 TRUE COPY OF THE ARMS LICENSE ISSUED TO THE 5TH PETITIONER, BY THE SECOND RESPONDENT DATED 06/07/2020** - **Exhibit P 6 TRUE COPY OF THE RELEVANT PAGES OF ARMS LICENSE ISSUED TO THE 6TH PETITIONER, BY THE FIRST RESPONDENT DATED 03/05/2021** - **Exhibit P 7 TRUE COPY OF THE ARMS LICENSE ISSUED TO THE 7TH PETITIONER, BY THE FIRST RESPONDENT DATED 09/11/2023** - **Exhibit P 8 TRUE COPY OF THE RELEVANT PAGES OF ARMS LICENSE ISSUED TO THE 8TH PETITIONER, BY THE FIRST RESPONDENT DATED 15/02/2022** :10: ## **W.P.(C)No.13109 of 2024** |**Exhibit**|**P9**|**TRUE COPY OF THE RELEVANT PAGES OF**| |---|---|---| |||**ARMS LICENSE ISSUED TO THE 9TH**| |||**PETITIONER, BY THE FIRST RESPONDENT**| |||**HEREIN DATED 03/05/2021**| |**Exhibit**|**10**|**TRUE COPY OF THE RELEVANT PAGES OF**| |||**ARMS LICENSE ISSUED TO THE 10TH**| |||**PETITIONER, BY THE FIRST RESPONDENT**| |||**HEREIN DATED 16/06/2022**| |**Exhibit**|**P 11**|**TRUE COPY OF THE RELEVANT PAGES OF**| |||**ARMS LICENSE ISSUED TO THE 11TH**| |||**PETITIONER,** **BY** **THE** **ADDITIONAL**| |||**DISTRICT MAGISTRATE, THRISSUR, HEREIN**| |||**DATED 28/0502022**| |**Exhibit**|**P 12**|**TRUE COPY OF THE RELEVANT PAGES OF**| |||**ARMS LICENSE ISSUED TO THE 12TH**| |||**PETITIONER, BY THE FIRST RESPONDENT**| |||**HEREIN DATED 10/06/2022**| |**Exhibit**|**P 13**|**TRUE COPY OF THE RELEVANT PAGES OF**| |||**ARMS LICENSE ISSUED TO THE 13TH**| |||**PETITIONER,** **BY** **THE** **ADDITIONAL**| |||**DISTRICT MAGISTRATE, IDUKKI, DATED**| |||**06/10/2023**|