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2019 Supreme(Jhk) 973

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Nishikant Singh – Appellant
Versus
The State of Jharkhand – Respondent
W.P.(C) No. 6303 of 2019
Decided on : 28-11-2019

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Shashank Shekhar
For the State : Mr. D.K. Pathak, G.A-III

Headnote:

Arms Act, 1959 - Section 13 - Constitution of India - Article 21 - Rejection of applications of petitioner seeking relaxation for retaining at least a single small arms - If there is no threat to public peace and tranquillity from a person, there is no reason as to why after considering his request, Screening Committee would not allow him to retain at least a single small arms - Protecting life of citizen is also duty of State/its functionaries - Such sweeping decision of authorities also violates personal liberty of a citizen enshrined under Article 21 of Constitution of India - If a person who is a law abiding citizen, has a reasonable threat to his life due to certain reason and he possesses licensed arms, his request for exemption from depositing his arms is required to be considered in proper perspective - Petitioner is a law abiding citizen and he is not at all a threat to public peace - Impugned decision set aside and matter is remanded to Screening Committee to take a fresh decision.(Paras 3, 5, 8 and 10)

ORDER :

I.A. No. 10965/2019

The present interlocutory application has been filed on behalf of the petitioner for amendment in the present writ petition seeking challenge to memo No. 1277 dated 18.11.2019 (Annexure-14 to the present interlocutory application) whereby the petitioner has been communicated by the office of the Deputy Commissioner, Ranchi that his application for seeking exemption from depositing the licensed arms during the ensuing Jharkhand Legislative Assembly Election, has been rejected and he has been directed to deposit the same by 28.11.2019.

Having heard learned counsel for the parties and keeping in view that the decision as contained in memo No. 1277 dated 18.11.2019 is a subsequent event and the proposed amendment will not change the nature of the present writ petition, the petitioner is allowed to challenge the decision as contained in memo No. 1277 dated 18.11.2019.

Let necessary insertion in the relevant part of the present writ petition be carried out by learned counsel for the petitioner in course of the day.

The present interlocutory application stands disposed of.

W.P.(C) No. 6303 of 2019

The present writ petition has been filed for issuance of direction upon the respondents to forthwith relax the direction as contained in memo No. 1230 dated 17.10.2019 (Anneuxre-9 to the writ petition) issued by the respondent No.1, which is general press release, for depositing the licensed arms to the concerned P.S/O.P/authorised arms dealer in the district of Ranchi for conducting fair, peaceful and fearless Legislative Assembly Election in Jharkhand so far as the same relates to the petitioner.

2. By way of I.A. No. 10965/2019, the petitioner has also challenged the decision of the Screening Committee as contained in memo No. 1277 dated 18.11.2019 (Annexure-14 to the said interlocutory application) whereby the applications of the petitioner seeking relaxation for retaining at least a single small arms have been rejected.

3. Learned counsel for the petitioner submits that the petitioner is engaged in the Real Estate Business and is the proprietor of Vihangam Builders and Developers Pvt. Ltd. The petitioner has several business rivals due to which he has serious life threat. The petitioner retains three arms licenses. First arms license was issued on 18.09.1998 for a single/double barrel gun bearing Licence No. 01/1998 (P.S-Kanke), second arms license was issued on 12.06.2002 for N.P. Bore Revolver/Pistol bearing License No. 01/2002 (P.S Kanke) and the third arms license was issued on 19.09.2003 for N.P. Bore Rifle bearing License No. 02/2003 (P.S-Kanke). All the said arms licenses have been renewed from time to time and are alive as on date. Earlier the petitioner was also provided personal bodyguard with Carbine arms as he was an active member of a political party. Subsequently, the said bodyguard was withdrawn by the government. Learned counsel for the petitioner further submits that during the Lok Sabha Election held in the year 2014, similar general direction was issued to all the arms licensees in Ranchi district and on an application preferred by the petitioner, the respondent authorities relaxed the said direction vide memo No. 906 dated 25.11.2014 (Anneuxre-6 to the writ petition) and he was allowed to retain all the said three licensed arms. Further, during the last Lok Sabha Election held in the month of April-May 2019, the petitioner was allowed to retain a small arms vide decision of the Committee headed by the Deputy Commissioner, Ranchi as contained in memo No. 614 dated 11.03.2019 (Annexure-8 to the writ petition). The petitioner is a law abiding citizen and he is not at all a threat to public peace. In fact, he had requested the respondent authorities during the said Lok Sabha elections to allow him to retain his licensed arms or at least a single small arms for the purpose of his personal safety and security. Learned counsel for the petitioner while referring to Annexure-13 series to the writ petition

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