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High Court of KeralaSingle JudgeWrit petition disposed of; petitioners permitte...

WP(C) No. 13772 of 2024

Case / Petition Number:WP(C) No.13772 of 2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • N. Nagareesh
Judgment Date
2024-04-04
Court Decision / Holding
The writ petition is disposed of directing the petitioners to submit applications for exemption before the Screening Committee within two days of receiving a copy of this judgment. The Screening Committee shall pass appropriate orders. If applications are filed and a copy of this judgment and exemption application is produced before respondents 4–11, those respondents shall not insist on surrender of arms until the Screening Committee takes a decision.
Final Disposition
Writ petition disposed of; petitioners permitted to approach Screening Committee for exemption; if applied within two days and copies of judgment and exemption application are produced, arms shall not be surrendered until Screening Committee decision.

Parties to the Case

Appellants / Petitioners

  • TOMY GEORGE
  • JAISON.P.
  • CHACKO.P.V.
  • JIMMY JOSEPH
  • T.D.JOSE
  • SHINTO.C.V.
  • SHYJAN.K.A.
  • DINESAN KARUVARAKKAL
  • PRASANTH.M.
  • GOPINATHAN.K.
  • C.V.CHANDRAN
  • THANKACHAN EDASSERIL MATHEW
  • K.J. THOMAS
  • JAMES
  • MATHACHAN.K.U.
  • SEBASTIAN.A.D.
  • PALLATH BALAKRISHNAN
  • P.S. JOSEPH
  • JOSE GEORGE
  • POYILAN AASHM
  • JOY POULOSE
  • KADER.P.
  • P.J. MATHEW
  • PHILIP JOSEPH

Respondents

  • STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY SECRETARIAT, THIRUVANANTHURAM, PIN - 695036
  • THE DISTRICT COLLECTOR COLLECTORATE RD, THAVAKKARA, KANNUR, PIN - 670002
  • THE SUPERINTENDENT OF POLICE KANNUR.P.O., KANNUR, PIN - 670002
  • THE STATION HOUSE OFFICER KELAKAM POLICE STATION KELAKAM.P.O., KANNUR, PIN - 670674
  • THE STATION HOUSE OFFICER PERAVOOR POLICE STATION PERAVOOR.P.O., KANNUR, PIN - 670673
  • THE STATION HOUSE OFFICER KARIKOTTAKARI POLICE STATION KARIKKOTTAKARI P.O., KANNUR, PIN - 670704
  • THE STATION HOUSE OFFICER ULIKAL POLICE STATION ULIKAL.P.O., KANNUR, PIN - 670705
  • THE STATION HOUSE OFFICER IRITTY POLICE STATION IRITTY.P.O., KANNUR, PIN - 670703
  • THE STATION HOUSE OFFICER MATTANNUR POLICE STATION MATTANNUR P.O., KANNUR, PIN - 670702
  • THE STATION HOUSE OFFICER IRIKKUR POLICE STATION IRIKKUR.P.O., KANNUR, PIN - 670593
  • THE STATION HOUSE OFFICER ARALAM POLICE STATION ARALAM.P.O., KANNUR, PIN - 670704
  • THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN, NEW DELHI, PIN – 110001

Legal Representation & Advocates

Counsels for Petitioners

  • • Saji Kuriachan
  • • M.R.Nandakumar
  • • Jayaprakash Narayanan
  • • Arjun Anil

Counsels for Respondents

  • • Deepu Lal Mohan
  • • Sreejith V.S.

Case Synopsis & Summary

The petitioners in WP(C) No.13772 of 2024 challenge a direction to deposit licensed arms ahead of the Lok Sabha Elections 2024. They contend that surrendering arms, even temporarily, defeats the purpose of possessing a valid arms license and would deprive them of life protection during a critical period; the deposit would keep arms inaccessible for at least two months until election results are declared. The petition relies on Ext.P1 Circular issued by the Election Commission, which prescribes procedures for arms retention/deposit during elections, and on the High Court precedent in Joseph K. A. v. District Collector, Kottayam, 2019 (1) KLT 1034, that orders for depositing weapons during elections must follow the Ext.P1 process. The petition argues no proper procedure under Ext.P1 was followed in their cases, rendering the directive untenable. The respondents, through Standing Counsel, state that a Screening Committee has been constituted to consider exemptions and that licensees desiring retention may seek exemption. The court acknowledges time constraints and, to avoid infructuity, directs interim relief: petitioners may apply to the Screening Committee for exemption within two days; if they do so and file copies of the judgment and exemption application, the authorities shall refrain from demanding surrender until the Committee decides. Thus, the petition is disposed by enabling exemption applications rather than a universal surrender.

Provisions of Law Cited

Ext.P1 Circular dated 01.09.2009 from the Election Commission

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that directing them to deposit their arms during the election period would deprive them of safety and life, since licenses are issued for protection. They argue that depositing arms for an extended period (until after election results) would defeat the purpose of the license and leave them vulnerable. They rely on Ext.P1 Circular of the Election Commission that lays down procedures for such deposits and assert that no such procedures were followed in their case. They submit that the directive is without tenable legal basis and should be reconsidered. They stress that a Screening Committee exists to review exemptions, and they seek an exemption from surrender, pending decision, and relief that the arms be retained until the Committee acts. They further contend that exemption decisions should be case-specific and guided by due process as per Ext.P1.

Contentions of Respondents

The respondents’ counsel submitted that a Screening Committee has been constituted to consider exemptions and will examine the issues in detail. However, licensees who wish to retain arms during the election period may seek exemption from the orders of Government and Election Commission. They emphasize the need for a formal, case-specific exemption process and the preservation of public safety while balancing the petitioners’ rights.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Joseph K. A. v. District Collector, Kottayam and others2019 (1) KLT 1034PositiveThe court relies on this decision to hold that orders for depositing weapons during the election period must follow Ext.P1 Circular.
W.P.(C) No. 6394/2021W.P.(C) No. 6394/2021Mentioned OnlyExhibit P2 refers to this judgment; the judgment’s ratio is not discussed in the text.
W.P.(C) Nos. 9933, 10598 of 2009W.P.(C) Nos. 9933, 10598 of 2009Mentioned OnlyExhibit P3 references these judgments; they are not elaborated upon in the 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`** ``` THURSDAY, THE 4[TH] DAY OF APRIL 2024 / 15TH CHAITHRA, 1946 ``` ## **`WP(C) NO. 13772 OF 2024`** ## **`PETITIONERS:`** - **`1 TOMY GEORGE AGED 52 YEARS S/O.M.C. VARKEY, MATTATHIL HOUSE, KOLAKKAD P.O., PERAVOOR (VIA), KANNUR, PIN - 670673`** - **`2 JAISON.P. AGED 57 YEARS S/O. JOHN.P., PERUMBANANI, KELAKAM.P.O., KANNUR, PIN - 670674`** - **`3 CHACKO.P.V. AGED 69 YEARS S/O. VARKEY.P.J., PANTHAPLACKAL HOUSE, ONDANTHODE MANATHANA P.O., KANNUR, PIN - 670674`** - **`4 JIMMY JOSEPH AGED 48 YEARS S/O. JOSEPH V.D., VADAKKE MULANJANAL HOUSE, MERMURINGODI POST, MANATHANA, KANNUR, PIN - 670673`** - **`5 T.D.JOSE AGED 66 YEARS S/O.DEVASIA, THARAPEL HOUSE, ANGADIKADAVU.P.O., KANNUR, PIN - 670706`** - **`6 SHINTO.C.V. AGED 40 YEARS S/O. VARKEY, CHITTETTU MATTARA VAYATHUR, KALANKI, KANNUR, PIN - 670705`** - **`7 SHYJAN.K.A. AGED 46 YEARS S/O. AUGUSTHY.K.M., KOCHUPUTHANPURAKKAL, KANNUR, PIN - 670703`** - **`8 DINESAN KARUVARAKKAL AGED 45 YEARS`** - **`S/O. KUNHIKANNAN.P., HRIDYAM PERIYACHOOR.P.O. PORORA, MATTANUR, PIN - 670702`** ``` WP(C) No.13772 of 2024 ``` ``` 2 ``` - **`9 PRASANTH.M. AGED 47 YEARS S/O. K.KUNHAMBU, VAZHAYIL HOUSE, CHAVASSERY POST, KANNUR, PIN - 670702`** - **`10 GOPINATHAN.K. S/O. NARAYANAN.K.G., KODANATTU HOUSE, POOVAMPADIYOOR, POIRITTY VIA, KANNUR, PIN - 670703`** - **`11 C.V.CHANDRAN AGED 64 YEARS S/O. P.K. GOPALAN NAMBIAR, OTHAYOTH HOUSE, ELANOOR, P.R. NAGAR.P.O., MATTANNUR, KANNUR, PIN - 670702`** - **`12 THANKACHAN EDASSERIL MATHEW AGED 60 YEARS`** - **`EDASSERIL ANAPANTHY, PANAKKARA AYYANKUNNU, ANGADIKKADAVU POST, KANNUR, PIN - 670706`** - **`13 K.J. THOMAS AGED 71 YEARS S/O. JOSEPH, KADLKKAPPALLIL HOUSE, KOOMANTHODE PAYAM, IRITTY, KANNUR, PIN - 670704`** - **`14 JAMES AGED 66 YEARS S/O. PAULOSE, KANJIRATHINKAL HOUSE, VAYATHUR ULIKKAL POST, IRITTY, KANNUR, PIN - 670705`** - **`15 MATHACHAN.K.U. AGED 59 YEARS S/O. ULAHANNAN, KULANGARATH HOUSE, PURAVAYAL POST, VAYATHUR, ULIKKAL, KANNUR, PIN - 670705`** - **`16 SEBASTIAN.A.D. AGED 65 YEARS`** - **`S/O. DEVASIA, ATHRASSERIYIL, NELLIKKAMPOYIL, ULIKKAL POST, KANNUR, PIN - 670805`** - **`17 PALLATH BALAKRISHNAN AGED 69 YEARS`** - **`S/O. KELAN, PALLATH HOUSE, PARIKKALAM P.O., ULIKKAL (VIA), KANNUR, PIN - 670705`** - **`18 P.S. JOSEPH AGED 67 YEARS S/O. SCARIA, POOTHOTTAL HOUSE, KOOMANTHODE.P.O., KANNUR, PIN - 670704`** ``` WP(C) No.13772 of 2024 ``` ``` 3 ``` - **`19 JOSE GEORGE AGED 44 YEARS S/O. VARGHESE, MUNTHIRINGATTU AYAMUKK POST, PAYAM, IRITTY, KANNUR, PIN - 670704`** - **`20 POYILAN AASHM AGED 61 YEARS NAFEESA MANZIL, KOLARI AMSOM, KALLUR DESOM, MATTANNUR.P.O., KANNUR, PIN - 670702`** - **`21 JOY POULOSE AGED 65 YEARS S/O. POULOSE, PADINJHAREKOCHUVEETTIL HOUSE, VELLARVALLY POST, KANNUR, PIN - 670673`** - **`22 KADER.P. AGED 58 YEARS ALAKKARIYIL HOUSE, KEECHERY, P.O.MATTANNUR, KANNUR, PIN - 670702`** - **`23 P.J. MATHEW AGED 65 YEARS S/O. JOB, PAMPLANIYAL HOUSE, MANATHANA.P.O., ODANTHODE, KANNUR, PIN - 670674`** - **`24 PHILIP JOSEPH AGED 38 YEARS S/O. JOSEPH.A.T., EDATHAZHA HOUSE, MANATHANA POST, PERAVOOR, PIN – 670674`** ``` 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 COLLECTORATE RD, THAVAKKARA, KANNUR, PIN - 670002`** - **`3 THE SUPERINTENDENT OF POLICE KANNUR.P.O., KANNUR, PIN - 670002`** ``` WP(C) No.13772 of 2024 ``` ``` 4 ``` - **`4 THE STATION HOUSE OFFICER KELAKAM POLICE STATION KELAKAM.P.O., KANNUR, PIN - 670674`** - **`5 THE STATION HOUSE OFFICER PERAVOOR POLICE STATION PERAVOOR.P.O., KANNUR, PIN - 670673`** - **`6 THE STATION HOUSE OFFICER KARIKOTTAKARI POLICE STATION KARIKKOTTAKARI P.O., KANNUR, PIN - 670704`** - **`7 THE STATION HOUSE OFFICER ULIKAL POLICE STATION ULIKAL.P.O., KANNUR, PIN - 670705`** - **`8 THE STATION HOUSE OFFICER IRITTY POLICE STATION IRITTY.P.O., KANNUR, PIN - 670703`** - **`9 THE STATION HOUSE OFFICER MATTANNUR POLICE STATION MATTANNUR P.O., KANNUR, PIN - 670702`** - **`10 THE STATION HOUSE OFFICER IRIKKUR POLICE STATION IRIKKUR.P.O., KANNUR, PIN - 670593`** - **`11 THE STATION HOUSE OFFICER ARALAM POLICE STATION ARALAM.P.O., KANNUR, PIN - 670704`** - **`12 THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN, NEW DELHI, PIN – 110001`** ``` BY ADV DEEPU LAL MOHAN, R12 SRI.SREEJITH V.S., GOVERNMENT PLEADER ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) No.13772 of 2024 ``` ``` 5 ``` ## JUDGMENT Dated this the 4[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, 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 ``` WP(C) No.13772 of 2024 ``` ``` 6 ``` 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.P1 Circular. 5. The petitioners apprehend that depositing their validly held arms during such a long period will prevent them from protecting their life in the event they 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. Standing Counsel representing the 12[th] respondent -Chief Election Commissioner of India filed a statement and submitted that a Screening Committee has been constituted and the Screening Committee will be considering the issues in ``` WP(C) No.13772 of 2024 ``` ``` 7 ``` 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 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 produces a copy of this ``` 8 ``` ``` WP(C) No.13772 of 2024 ``` judgment and a copy of exemption application before respondents 4 to 11, respondents 4 to 11 shall not insist for surrender of arms till the Screening Committee takes a decision in the matter. Sd/- N.NAGARESH JUDGE spk ``` WP(C) No.13772 of 2024 ``` ``` 9 ``` ## **`APPENDIX OF WP(C) 13772/2024`** ## **`PETITIONER EXHIBITS`** ``` Exhibit P1TRUE COPY OF THE CIRCULAR DATED 01.09.2009FROMTHEELECTION COMMISSION Exhibit P2TRUE COPY OF THE JUDGMENT DATED 16/03/2021 IN W.P.(C) NO. 6394/2021 Exhibit P3TRUE COPY OF THE JUDGMENT DATED 10-01- 2011 IN W.P.(C) NO. 9933, 10598 OF 2009 ``` ## **`RESPONDENT ANNEXURES`** ``` ANNEXURE R12(A)THEPHOTOCOPYOFLETTER 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 R12(B)THE PHOTOCOPY OF PROCEEDING NO. DCKNR/4406/2024-D1 DATED 18-03-2024 OF THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, KANNUR ANNEXURE R12(C)THE PHOTOCOPY OF JUDGMENT DATED 20-03- 2024 IN WP(C)NO.11254/2024 OF THIS HON'BLE COURT ```