WP(C) No.13768 of 2024

## **`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. 13768 OF 2024 ``` ## **`PETITIONERS:`** - **`1 VARGHESE CHACKO AGED 69 YEARS S/O. CHACKO, VETTATHUKUNNEL HOUSE, AREEKAMALA P.O., NADUVIL VIA, KANNUR DISTRICT -., PIN - 670582`** - **`2 V.D. THOMAS AGED 69 YEARS S/O. DEVASSYA, VADAKKEPARAMBIL HOUSE, PULIKURUMBA P.O, NEW NADUVIL, KANNUR, PIN - 670582`** - **`3 V.C. JOSEKUTTY AGED 66 YEARS S/O. CHACKO, VALANATH HOUSE, VEMBUVA, PAYYAVOOR P.O., KANNUR, PIN - 670633`** - **`4 K. THANKAPPAN AGED 69 YEARS S/O. KUNHAN, KOLLIKKUNNEL HOUSE, POTTENPLAVU, PONADUVIL VIA, KANNUR, PIN - 670582`** - **`5 P.K. PHILIP AGED 68 YEARS S/O. JOSEPH, PUTHENKANDATHIL HOUSE, PULIKURUMBA P.O, NEW NADUVIL, KANNUR, PIN - 670582`** - **`6 SAJI O.M. AGED 56 YEARS S/O. MATHEW O.V., OLIKKAL HOUSE, OOMALA, EDAVARAMBA POST, CHERUPUZHA VIA, KANNUR DISTRICT, PIN – 670511`** ## **`BY ADV THOMSTINE K.AUGUSTINE`** ``` WP(C) No.13768 of 2024 ``` ``` 2 ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`** - **`2 THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI - 110001, REPRESENTED BY ITS CHIEF ELECTION COMMISSIONER.`** - **`3 THE CHIEF ELECTORAL OFFICER VIKAS BHAVAN, LEGISLATIVE COMPLEX, THIRUVANANTHAPURAM, PIN - 695001`** - **`4 THE DISTRICT COLLECTOR KANNUR, CIVIL STATION, KANNUR P.O., KANNUR DISTRICT, PIN - 670001`** - **`5 THE ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE, KANNUR, PIN - 670002`** - **`6 THE SUPERINTENDENT OF POLICE (RURAL) OFFICE OF THE SUPERINTENDENT OF POLICE, TALAP, KANNUR DISTRICT, PIN - 670002`** - **`7 THE SATION HOUSE OFFICER KUDIYANMALA POLICE STATION, KUDIYANMALA P.O., KANNUR DISTRICT, PIN - 670582`** - **`8 THE SATION HOUSE OFFICER CHERUPUZHA POLICE STATION, CHERUPUZHA P.O., KANNUR, PIN – 670511`** ``` BY ADV DEEPU LAL MOHAN, STANDING COUNSEL 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.13768 of 2024 ``` ``` 3 ``` ## 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 the purpose of their protection of life and crops from wild animals. 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. The petitioners submit that the petitioners were forced to surrender their guns on 26.03.2024. 3. As per Ext.P14 Circular, the Election Commission of India has issued guidelines to be complied with, prior to directing a valid arms licence holder to deposit their arms ``` WP(C) No.13768 of 2024 ``` ``` 4 ``` 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 Ext.P14 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 Election Commission filed a statement and submitted that a Screening ``` WP(C) No.13768 of 2024 ``` ``` 5 ``` 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 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 ``` WP(C) No.13768 of 2024 ``` ``` 6 ``` exemption within two days, the Screening Committee shall pass orders thereon within a further period of seven days. Respondents 7 and 8 shall release the fire arm depending upon the decision of the Screening Committee. Sd/- N.NAGARESH JUDGE spk ``` WP(C) No.13768 of 2024 ``` ``` 7 ``` ## **`APPENDIX OF WP(C) 13768/2024`** ## **`PETITIONER EXHIBITS`** ``` Exhibit-P1TRUE COPY OF THE ARMS LICENSE NO. 1173/TPBA ISSUED BY THE 5TH RESPONDENT ADDITIONAL DISTRICT MAGISTRATE, KANNUR TO THE 1ST PETITIONER ``` ``` Exhibit-P2TRUE COPY OF THE ARMS LICENSE NO. 1145/TPBA ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, KANNUR TO THE 2ND PETITIONER ``` - **`Exhibit-P3 TRUE COPY OF THE ARMS LICENSE NO. 1369/TPBA ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, KANNUR TO THE 3RD PETITIONER`** - **`Exhibit-P4 TRUE COPY OF THE ARMS LICENSE NO. 1161/TPBA ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, KANNUR TO THE 4TH PETITIONER`** - **`Exhibit-P5 TRUE COPY OF THE ARMS LICENSE NO. 1512/TPBA ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, KANNUR TO THE 5TH PETITIONER`** - **`Exhibit-P6 TRUE COPY OF THE ARMS LICENSE NO. 1621/TPBA ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, KANNUR TO THE 5TH PETITIONER`** - **`Exhibit-P7 TRUE COPY RECEIPT DATED 26.3.2024 ISSUED BY THE 7TH RESPONDENT TO THE 1ST PETITIONER`** - **`Exhibit-P8 TRUE COPY RECEIPT DATED 21.3.2024 ISSUED BY THE 7TH RESPONDENT TO THE 2ND PETITIONER`** - **`Exhibit-P9 TRUE COPY RECEIPT DATED 19.3.2024 ISSUED BY THE 7TH RESPONDENT TO THE 3RD PETITIONER`** - **`Exhibit-P10 TRUE COPY RECEIPT DATED 27.3.2024 ISSUED BY THE 7TH RESPONDENT TO THE 4TH PETITIONER`** - **`Exhibit-P11 TRUE COPY RECEIPT DATED 27.3.2024 ISSUED BY THE 7TH RESPONDENT TO THE 5TH PETITIONER`** ``` WP(C) No.13768 of 2024 ``` ``` 8 ``` ``` Exhibit-P12 ``` ``` TRUE COPY RECEIPT DATED 26.3.2024 ISSUED BY THE 8TH RESPONDENT TO THE 1ST PETITIONER ``` ``` Exhibit-P13TRUE COPY OF THE ORDER DATED 05/3/2024 ISSUED BY THE PRESIDENT OF THE NADUVIL GRAMA PANCHAYATH ``` ``` Exhibit-P14 ``` ``` Exhibit-P15 ``` ``` TRUE COPY OF THE CIRCULAR DATED 1.9.2009 ISSUED BY THE ELECTION COMMISSION ``` ``` TRUE COPY OF THE JUDGMENT DATED 29/3/2021 IN WP(C ) NO.; 8228/2021 OF THIS HON'BLE COURT ``` ## **`RESPONDENT ANNEXURES`** ``` ANNEXURE R2(A) ``` ``` ANNEXURE R2(B) ``` ``` ANNEXURE R2(C) ``` - **`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`** - **`THE PHOTOCOPY OF PROCEEDING NO. DCKNR/4406/2024-D1 DATED 18-03-2024 OF THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, KANNUR`** ``` THE PHOTOCOPY OF JUDGMENT DATED 20-03- 2024 IN WP(C)NO.11254/2024 OF THIS HON'BLE COURT ```