High Court of KeralaSingle Judge2021-03-29Disposed of; directs release of arms deposited ...

WP(C).Nos.8105 & 8217 of 2021 (Kerala High Court)

Case / Petition Number:WP(C).Nos.8105 & 8217 of 2021

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P.V.ASHA
Judgment Date: 2021-03-29
Court Decision / Holding: This Writ Petition is disposed of with directions that the petitioners who have already deposited their firearms would be free to retrieve them and the Station House Officers shall release the arms to the petitioners within three days of receipt of a copy of the judgment. It is also directed that officers desist from insisting on deposit of arms and must strictly adhere to the Election Commission Circular dated 01.09.2009 (Clause 3.11).
Final Disposition: Disposed of; directs release of arms deposited and adherence to EC Circular; desists from demanding deposit where not warranted; arms to be released within three days of receipt of judgment copy.

Parties to the Case

Appellants / Petitioners

RAJMOHAN NAIR P.
ASHOKAN NAMBIAR N.
HANEEFA.M

Respondents

THE LAND REVENUE COMMISSIONER, STATE OF KERALA, THIRUVANANTHAPURAM-695 001.
THE STATE POLICE CHIEF, STATE OF KERALA, THIRUVANANTHAPURAM-695 001.
THE DISTRICT COLLECTOR, KASARAGOD, CIVIL STATION, VIDYANAGAR P.O., KASARAGOD DISTRICT-671 123.
THE ADDITIONAL DISTRICT MAGISTRATE, KASARAGOD, VIDYANAGAR P.O., KASARAGOD DISTRICT-671 123.
THE DISTRICT POLICE CHIEF, KASARAGOD, KASARAGOD DISTRICT-671 123.
THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, KASARAGOD DISTRICT-671 315.
THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION, KASARAGOD DISTRICT-671 316.
THE ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASOKA ROAD, PANDIT PANT MARG AREA, SANSAD MARG AREA, NEW DELHI-110 001.
THE STATE ELECTION COMMISSION, ELECTION DEPARTMENT, KERALA LEGISLATIVE COMPLEX, VIKAS BHAVAN P.O., THIRUVANANTHURAM-695 033.

Legal Representation & Advocates

Counsels for Petitioners

• SRI A. ARUNKUMAR
• SRI VIPIN T. JOSE

Counsels for Respondents

• SMT. PRINCY XAVIER
• SRI. DEEPU LAL MOHAN, SC
• SRI. KODOTH SREEDHARAN, SC

Case Synopsis & Summary

This writ petition (and a connected matter) concerns firearm licensees who deposited licensed arms under directions given by a Station House Officer (SHO). The petitioners, Rajmohan Nair P., Ashokan Nambiar N., and Haneefa M., submit they did not receive any notice from the licensing authority before directing them to deposit their firearms, though Exts. P2 and P2(a) show deposits were made following SHO instructions. The petitioners rely on prior judgments of this Court, including Saji Kuriachan v. District Collector, Ernakulam; Binesh G. Vadath v. District Collector; and Joseph v. District Collector, as well as a 17.02.2021 order in W.P.(C) No.3682/2021, to contend that such deposit directions should not be issued absent due notice and a Screening Committee under clause 3.11 of the Election Commission of India’s Circular dated 01.09.2009. The State, through the Government Pleader, explains that the State Police Chief issued a directive on 15.03.2021 to desist from demanding deposit and to strictly adhere to the EC Circular. In light of these directions, the Court disposes of the petitions with a relief that the petitioners who already deposited arms be allowed to retrieve them, to be released within three days, and with a general insistence on compliance with the EC circular.

Provisions of Law Cited

Election Commission of India Circular dated 01.09.2009 (Clause 3.11)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend they deposited their licensed firearms solely on directions given by the SHO and have not received any notice from the licensing authority. They rely on a chain of judgments from this Court, including Saji Kuriachan and Binesh G. Vadath, as well as Joseph, to argue that deposit directions should not be issued without appropriate notice and without a Screening Committee under Clause 3.11 of the EC Circular (01.09.2009). They highlight that many petitions of the same nature were disposed of by this Court with directions to protect licensees, and they seek release of their arms rather than continued deposit.

Contentions of Respondents

The respondents justify the deposit regime as per the SHO’s directions, explaining that the Election Commission Circular (01.09.2009) spares no one from proper screening and deposit. The State Police Chief’s letter (15.03.2021) directs officers to desist from demanding deposit and to strictly follow the EC Circular. The respondents contend the petitions are covered by earlier decisions that emphasize compliance with due process, including notice to licensees and the Screening Committee process, and commend adherence to the EC Circular for ongoing practice. They request protection of public safety while acknowledging the court’s interim measures and eventual disposal in line with the EC Circular.

Cited Precedents (5)

Case Name	Citation	Treatment	Explanation
Saji Kuriachan v. District Collector, Ernakulam	2011 (1) KLT 484	Mentioned Only	Cited as part of background jurisprudence; used to illustrate prior judgments favoring non-deposit or proper notice.
Binesh G. Vadath v. District Collector	2011 (1) KHC 214	Mentioned Only	Cited within the same context; not expressly overruled or distinguished in the present order.
Joseph v. District Collector	2019 (1) KLT 1034	Mentioned Only	Cited as part of the ongoing jurisprudence; not treated as binding contrary authority.
W.P.(C) No.3682/2021	3682/2021	Mentioned Only	Earlier order cited by this Court; its directions that deposit should not be imposed without notices and proper screening are discussed to contextualize the present disposal.
Criminal Writ Petition No. 835/2009 (Bombay High Court)	835/2009 (Bombay HC)	Mentioned Only	Exhibit P3; cited to illustrate background practice in arms deposits; not a binding ratio in this case.

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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 SMT. JUSTICE P.V.ASHA** ## **MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943** ## **WP(C).No.8105 OF 2021(K)** ## **PETITIONERS:** |**1**|**RAJMOHAN NAIR P.,**| |---|---| ||**AGED 52 YEARS,**| ||**S/O.LATE C.K.NAIR,**| ||**RESIDING AT KIZHAKKUMKARA,**| ||**AJANUR VILLAGE,**| ||**HOSDURG TALUK, KASARAGOD DISTRICT.**| |**2**|**ASHOKAN NAMBIAR N.,**| ||**AGED 67 YEARS,**| ||**S/O.KUNHAMBU NAIR KODOTH,**| ||**R/AT SREYAS P. O., PADIMARUTH, KODOTHU VILLAGE,**| ||**VELLARIKKUND TALUK, KASARAGOD DISTRICT.**| **BY ADVS. SRI.A.ARUNKUMAR SRI.VIPIN T.JOSE** ## **RESPONDENTS:** - **1 THE LAND REVENUE COMMISSIONER, STATE OF KERALA, THIRUVANANTHAPURAM-695 001.** - **2 THE STATE POLICE CHIEF, STATE OF KERALA, THIRUVANANTHAPURAM-695 001.** - **3 THE DISTRICT COLLECTOR, KASARAGOD, CIVIL STATION, VIDYANAGAR P.O., KASARAGOD DISTRICT-671 123.** - **4 THE ADDITIONAL DISTRICT MAGISTRATE, KASARAGOD, VIDYANAGAR P.O., KASARAGOD DISTRICT-671 123.** - **5 THE DISTRICT POLICE CHIEF, KASARAGOD, KASARAGOD DISTRICT-671 123.** - **6 THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, KASARAGOD DISTRICT-671 315.** **WP(C).Nos.8105 & 8217 of 2021** **2** - **7 THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION, KASARAGOD DISTRICT-671 316.** - **8 THE ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASOKA ROAD, PANDIT PANT MARG AREA, SANSAD MARG AREA, NEW DELHI-110 001.** - **9 THE STATE ELECTION COMMISSION, ELECTION DEPARTMENT, KERALA LEGISLATIVE COMPLEX, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033.** **BY ADVS. SMT.PRINCY XAVIER, GOVERNMENT PLEADER SRI.DEEPU LAL MOHAN, SC SRI.KODOTH SREEDHARAN, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2021, ALONG WITH WP(C).8217/2021(B), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).Nos.8105 & 8217 of 2021** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943** ## **WP(C).No.8217 OF 2021(B)** ## **PETITIONER:** **HANEEFA.M, AGED 53 YEARS, S/O.AMU THAYAL, RESIDING AT MAVVAL, MAVVAL P.O, HOSDURG TALUK, KASARAGOD DISTRICT.** **BY ADVS. SRI.A.ARUNKUMAR SRI.VIPIN T.JOSE** ## **RESPONDENTS:** - **1 THE LAND REVENUE COMMISSIONER, STATE OF KERALA, THIRUVANANTHAPURAM-695 001.** - **2 THE STATE POLICE CHIEF, STATE OF KERALA, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM-695 001.** - **3 THE DISTRICT COLLECTOR, KASARAGOD, CIVIL STATION, VIDYANAGAR P.O., KASARAGOD DISTRICT-671 123.** - **4 THE ADDITIONAL DISTRICT MAGISTRATE, KASARAGOD, VIDYANAGAR P.O., KASARAGOD DISTRICT-671 123.** - **5 THE DISTRICT POLICE CHIEF, KASARAGOD, KASARAGOD DISTRICT-671 123.** - **6 THE STATION HOUSE OFFICER, BEKAL POLICE STATION, KASARAGOD DISTRICT-671 318.** **WP(C).Nos.8105 & 8217 of 2021** **4** **7 THE ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASOKA ROAD, PANDIT PANT MARG AREA, SANSAD MARG AREA, NEW DELHI-110 001.** **8 THE STATE ELECTION COMMISSION, ELECTION DEPARTMENT, KERALA LEGISLATIVE COMPLEX, VIKAS BHAVN P.O., THIRUVANANTHAPURAM-695 033.** **BY ADVS. SMT.PRINCY XAVIER, GOVERNMENT PLEADER SRI.DEEPU LAL MOHAN, SC** **SRI.KODOTH SREEDHARAN, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2021, ALONG WITH WP(C).8105/2021(K), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).Nos.8105 & 8217 of 2021** **5** ## **JUDGMENT** **Petitioners are licensees of fire arms. According to them, they have deposited the fire arms as per Exts.P2 and P2(a) on the basis of the direction issued by the Station House Officer.** **2. The petitioners submit that they have not received any notice from the District Magistrate/the licensing authority.** **3. Persons similarly situated like the petitioners had already approached this Court in W.P.(C) No.3682 of 2021 and was disposed of by judgment dated 17.02.2021 with a direction to the respondents that such directions to deposit the licensed arms shall not be issued and the Circular issued by the Election Commission on 01.09.2009 has** **to be followed and that it is for the licensing authority to issue notice to the** **WP(C).Nos.8105 & 8217 of 2021** **6** **licensee, in the event of a finding arrived at by the Screening Committee to be constituted in accordance with the provisions contained in clause 3.11 of the said Circular, directing the licensee to deposit the fire arm. Seeing that the directions to deposit the licensed fire arms were issued to petitioners without any notice issued to them by the licensing authority and that not even a Screening Committee was constituted in accordance with clause 3.11 of the Circular dated 01.09.2009 issued by the Election Commission of India, this Court directed the respective Station House Officers to release the fire arms deposited with them.** **4. Seeing that such instances are recurring in even in the districts from which Writ Petitions were already filed, and** **WP(C).Nos.8105 & 8217 of 2021** **7** **judgment was rendered, the learned Government Pleader was directed to get instruction from the State Police Chief and the Commissioner for Land Revenue, as to why the Police officers are collecting the licensed arms, despite the directions in a series of judgments of this Court in** _**Saji Kuriachan v. District Collector, Ernakulam**_ **[2011 (1) KLT 484],** _**Binesh G. Vadath v. District Collector**_ **[2011 (1) KHC 214],** _**Joseph v. District Collector**_ **[2019 (1) KLT 1034], etc.** **5. The learned Government Pleader submits that the State Police Chief has thereupon issued letter dated 15.03.2021 directing all the District Police Chief across the State to instruct the respective officers under them to desist from requiring deposit of fire arms and to strictly abide** **WP(C).Nos.8105 & 8217 of 2021** **8** **by the Circular issued on 01.09.2009 of the Election Commission of India.** **In the light of the aforesaid directions issued by the State Police Chief, this Writ Petition is disposed of. The petitioners, who have already deposited their firearms with the respective Police stations or the armories, would be free to get those fire arms released and the respective Station House Officers shall see that the same is released to the petitioners, within a period of three days from the date of receipt of a copy of the judgment. Sd/-** **P.V.ASHA JUDGE** ## **ww** **WP(C).Nos.8105 & 8217 of 2021** **9** ## **APPENDIX OF WP(C) 8105/2021** **PETITIONERS' EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ARMS LICENCE OF THE 1ST PETITIONER ISSUED BY DISTRICT MAGISTRATE. EXHIBIT P1(A) A TRUE COPY OF THE ARMS LICENCE OF THE 2ND PETITIONER ISSUED BY DISTRICT MAGISTRATE. EXHIBIT P2 A TRUE COPY OF THE RECEIPT DATED 04.03.2021 SHOWING THE DEPOSIT OF THE FIRE ARMS OF THE 1ST PETITIONER. EXHIBIT P2(A) A TRUE COPY OF THE RECEIPT DATED 01.03.2021 SHOWING THE DEPOSIT OF THE FIRE ARMS OF THE 2ND PETITIONER. EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DATED 10.07.2009 IN CRIMINAL WRIT PETITION NO. 835/2009 ON THE FILES OF THE HONOURABLE BOMBAY HIGH COURT DOWNLOADED THROUGH INTERNET. EXHIBIT P4 THE TRUE COPY OF THE INSTRUCTION BEARING NO.464/INST/2009/EPS, DATED 1.9.2009 ISSUED BY THE ELECTION COMMISSION OF INDIA. EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT DATED 17.02.2021 IN W.P.(C) NO.3682/2021 ON THE FILES OF THIS HONOURABLE COURT.** **WP(C).Nos.8105 & 8217 of 2021** **10** ## **APPENDIX OF WP(C) 8217/2021** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE ARMS LICENCE OF THE PETITIONER EXHIBIT P2 A TRUE COPY OF THE RECEIPT DATED 29.01.2021 SHOWING THE DEPOSIT OF THE FIRE ARMS OF THE PETITIONER** **EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DATED 10.07.2009 IN CRIMINAL WRIT PETITION NO. 835/2009 ON THE FILES OF THE HONOURABLE BOMBAY HIGH COURT DOWNLOADED THROUGH INTERNET.** **EXHIBIT P4 THE TRUE COPY OF THE INSTRUCTION BEARING NO.464/INST/2009/EPS, DATED 1.9.2009 ISSUED BY THE ELECTION COMMISSION OF INDIA.** **EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT DATED 17.2.2021 IN W.P(C) NO.3682/2021 ON THE FILES OF THIS HONOURABLE COURT.**