IMPORTANT POINT
The court emphasized that directives for surrendering Arms must consider individual circumstances and cannot be blanket orders, ensuring personal safety is not compromised during elections.

JUDGMENT :

N. Nagaresh, J.

1. The petitioners are aggrieved by the orders passed by the Screening Committee constituted for surrender of Arms in respect of which licences are issued under the Arms Act, 1959.

2. The petitioners hold Arms on the basis of licence issued under the Arms Act. In view of the impending Lok Sabha Elections, 2024, the Station House Officer directed the petitioners to surrender their Arms in order to ensure peaceful, free and fair Elections.

3. The petitioners are aggrieved by the directions. The petitioners submit that they have obtained Arms Licence for protection of their own person and property. The licences were granted to the petitioners after making due enquiries and finding that the petitioners require Arms Licence for protection of their lives/property. The respondents are compelling the petitioners to surrender the Arms as Elections are notified.

4. Counsel for the petitioners pointed out that Election process will take two to three months for completion of polling and declaration of results. If during this period the Arms are surrendered, the life and property of the petitioners will be put to danger. Most of the petitioners are hailing from areas where threat from wild animals is rampant. The Screening Committee constituted pursuant to the directions of the Election Commission has not considered the issues in its true and proper perspective. The Committee has not taken into account the threat perception in respect of the petitioners. Therefore, the respondents are not justified in insisting surrender of Arms for such a long duration.

5. Senior Government Pleader entered appearance and resisted the writ petition. The Senior Government Pleader denied all the allegations made by the petitioners in the writ petition. On behalf of the respondents, it is pointed out that the decision to direct the licence holders to surrender Arms has been taken with a good intention of ensuring free and peaceful Lok Sabha Elections, 2024. There were instances of law and order violations during earlier Election times and supporters of some political parties resorted to violence. Law and order has to be ensured for a free and democratic process of Election.

6. The decision to direct the licence holders to surrender the Arms has been taken on the basis of the directions of the Election Commission of India, which is a constitutional authority. There is no illegality or arbitrariness in doing so. The direction is strictly keeping in mind the larger public interest and for the smooth and peaceful conduct of Elections. The petitioners do not have a fundamental right to insist that they should be permitted to hold Arms. Furthermore, surrender of Arms is only for a brief and short time. There is a possibility of security threat during Elections especially when prominent politicians are campaigning. The writ petition is devoid of merit and liable to be dismissed, contended the Senior Government Pleader.

7. I have heard the learned Counsel for the petitioners and the learned Government Pleader representing the respondents.

8. It is evident that the 2nd respondent-District Collector has issued directions to all the Station House Officers of Kottayam District insisting to surrender Arms on the basis of the directives of the Election Commission of India. Ext.P4 is a Circular issued by the Election Commission of India to the Chief Secretaries of all States and Union Territories and to the Chief Electoral Officers of all States and Union Territories. The Circular deals with preventing law and order issues and to ensure conduct of peaceful, free and fair poll during the general Elections/Bye-Elections.

9. A perusal of Ext.P4 Circular would indicate that the Election Commission has advised that immediately after the announcement of Elections, the District Magistrates shall make a detailed and individual review and assessment (in accordance with the prevalent State laws) of all licensed Arms holders so that licensed Arms, in those cases where