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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Irshad Ali,J.
Mohd. Arif Khan – Appellant
Versus
State Of U.P. Through Secretary Home Lucknow – Respondent
| Table of Content |
|---|
| 1. petitioners seek to prevent firearm deposit order. (Para 2) |
| 2. petitioners are law-abiding citizens with valid firearm licenses. (Para 3) |
| 3. arguments against the legality of firearm deposit orders. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 4. court's consideration of legal precedents and statutory provisions. (Para 11 , 12 , 13 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. firearm holders with valid licenses cannot be compelled to deposit arms. (Para 21) |
| 6. court orders against arbitrary firearm deposit demands and awards costs. (Para 22 , 23 , 24) |
Hon'ble Irshad Ali,J.
1. Heard Shri M.A. Khan, learned Senior Advocate assisted by Mohd. Aslam Khan, learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
2. By means of the present writ petition, the petitioners have prayed for issuance of a writ in the nature of Mandamus, commanding the opposite parties not to compel the petitioners to deposit their firearms and licences at police station concerned.
3. Brief facts of the case are that petitioner nos.1,2,4 and 6 are the practising advocates while petitioner nos.3,5,7 to 13 are the respected and law abiding citizens having good antecedents. The petitioners ha
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.
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.
Citizens with valid firearms licenses cannot be compelled to deposit their firearms without a formal order from the competent authority, especially during elections.
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.
Election authorities must follow notice and Screening Committee procedure before impounding licensed arms during elections.
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 establishes the requirement for individual review before impounding arms to ensure adherence to law and order during elections.
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