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.

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 have made an application for grant of firearm licence for the security of their life and properties.

The opposite party no.2 after due enquiry from the concerned police station having found that there was nothing against the petitioners to show that they had any criminal antecedents had granted firearms licence to them which were renewed from time to time and are valid till date. The firearms licence of the petitioners were neither suspended nor cancelled so far and the petitioner who have been granted the fire arms licence for protecting their life and properties are holding the same and are possession of their respective firearms.

The opposite party nos.3 to 7 all of a sudden sent the police officials at the resident of the petitioners directing them to deposit their firearms at the police station concerned as the process of parliamentary election has begun. The petitioners have informed the police authorities who had visited the residence of the petitioners that their licences are valid. The licences were granted to them by the licencing authority and the said licences have neither been suspended nor cancelled as such the petitioners cannot be forced to deposit their firearms at police station concerned as the same are required for the protection of their life and property.

The police officials i.e. opposite party nos.4 to 7 are insisting the petitioners to deposit their firearms alongwith licence failing which deterent action shall be taken against them and they shall be deprived of their firearms. The above licence issued to the petitioner by licencing authority were renewed from time to time and no complaint whatsoever of any kind is against them nor their licences have been suspended or cancelled so far as such the verbal directions issued by opposite party nos.4 to 7 for deposite of firearms by petitioners are not only illegal but also without jurisdiction.

4. Learned counsel for the petitioners submits that in any case no such directions to the best of their knowledge have been issued by the election commission for the deposit of the fire arms to the petitioners concerned and during the election period the entire police administration as well as other authorities will be busy in election process without making any other arrangement for providing security to the life and property of the licence holders. Thus, the order whereby the petitioners are required to deposit their firearms is not only arbitrary but also illegal.

5. Learned counsel for the petitioners next submits that no notification under Section 24 -A and 24-B of the Arms Act has been issued so far to the best of the knowledge of the petitioners for prohibiting the possession of fire arms in the area or under Section 24 -B prohibiting the carrying arms in or through public places, as sch