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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 ....
Licensed arms surrender during elections requires individual assessment per ECI guidelines; mechanical orders invalid.
Point of Law : Perverse or an illegal decision of the authority can be judicially reviewed.
Judgment establishes the requirement for individual review before impounding arms to ensure adherence to law and order during elections.
Election authorities must follow notice and Screening Committee procedure before impounding licensed arms during elections.
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