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ABDUL MOIN
Ravi Shankar Tiwari – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Abdul Moin, J.
Heard Shri. Chandra Bhanu Singh, learned counsel for the petitioners, learned Additional Chief Standing Counsel for the respondents no. 1, 3 & 4 and Shri. Vijay Vikram Singh, learned counsel for the respondent no. 2.
2. There is consensus at the Bar that the matter in issue is squarely covered by judgement of this Court dated 16.12.2022 passed in Writ C No. 9064 of 2022 in re: Ram Rang Jaiswal v. State of U.P. and others.
3. For the sake of convenience, the order dated 16.12.2022 passed in the case of Ram Rang Jaiswal (supra) is reproduced below:
Citizens with valid firearms licenses cannot be compelled to deposit their firearms without a formal order from the competent authority, especially during elections.
Citizens with valid arms licenses and no written order to deposit arms shall not be compelled to do so solely based on the ensuing Assembly Elections.
Firearm license holders cannot be compelled to surrender their firearms without a valid order or written notice, ensuring protection of their rights during election periods.
Deposit of Arms Licence- Court has directed strict adherence to circular and such directions can be issued only on the basis of any finding by the screening committee to be constituted in accordance ....
Point of Law : Perverse or an illegal decision of the authority can be judicially reviewed.
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.
The possession of an arms license is a statutory privilege, not a fundamental right, with revocation permissible under the Arms Act if deemed necessary for public safety.
In order to constitute the offence under Section 188 of the Indian Penal Code, 1860, it has to be established that there was a lawful order promulgated by a public servant empowered to promulgated it....
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