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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. ASHA, J.
George Joseph S/o Joseph V.T. – Petitioner
Versus
State of Kerala Rep. by the Chief Secretary – Respondent
W.P. (C) No. 5780 of 2021
Decided On : 12-03-2021
Arms Licence - Deposit of Arms Licence- Complaint of petitioners, who are having Arms Licence, is that 5th respondent Station House Officer directed them to deposit their licenced arms with Police Station in connection with election to be conducted to legislative assembly - In respect of the deposit of same made thereupon, Exts.P2 to P4 receipts were issued to them by Station House Officer - Petitioners point out that direction to deposit is contrary to directions of this Court in Ext.P5 judgment and a series of other judgments where this Court has directed strict adherence to Ext.P1 circular and such directions can be issued only on the basis of any finding by the screening committee to be constituted in accordance with Ext.P1 circular.
Findings of Court:
Government Pleader on instructions submits that respondents 3 to 5 have not issued any direction to the petitioner to deposit their weapons and that the petitioners would have deposited it on their own under the mistaken impression that they have to deposit the same immediately before the election - If that be so, the petitioners would be free to get the licensed arms back from the 5th respondent, who has issued the receipts - If the petitioners approach the 5th respondent, the same shall be returned to the petitioners within 3 days.
Result: Writ Petition Allowed.
JUDGMENT :
P.V. ASHA, J.
1. The complaint of the petitioners, who are having Arms Licence, is that the 5th respondent Station House Officer directed them to deposit their licenced arms with the Police Station in connection with the election to be conducted to the legislative assembly. In respect of the deposit of the same made thereupon, Exts.P2 to P4 receipts were issued to them by the Station House Officer. The petitioners point out that the direction to deposit is contrary to the directions of this Court in Ext.P5 judgment and a series of other judgments where this Court has directed strict adherence to Ext.P1 circular and such directions can be issued only on the basis of any finding by the screening committee to be constituted in accordance with Ext.P1 circular.
2. The learned Government Pleader on instructions submits that respondents 3 to 5 have not issued any direction to the petitioner to deposit their weapons and that the petitioners would have deposited it on their own under the mistaken impression that they have to deposit the same immediately before the election. If that be so, the petitioners would be free to get the licensed arms back from the 5th respondent, who has issued the receipts. If the petitioners approach the 5th respondent, the same shall be returned to the petitioners within 3 days.
3. The Writ Petition is allowed accordingly.
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