IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
N.P.KUNHIKANNAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioners challenge phone call for arms surrender. (Para 1) |
| 2. surrender orders must follow guidelines and be lawfully issued. (Para 2 , 3) |
| 3. writ petitions allowed; return of arms directed. (Para 4) |
JUDGMENT
Both these petitioners approached this Court aggrieved by a phone call received from the S.H.O. concerned, calling upon the petitioners to surrender their arms in accord with the guidelines issued by the Election Commission of India (produced at Ext.P2) in W.P.(C).No.12394/2026. This Court notice that the S.H.O. concerned (the 4th respondent in both the cases) cannot mandate surrender of arms through a phone call. Ext.P2 guidelines requires deliberation by the competent Authority on an individual basis, a review and an assessment, whereafter an Order has to be passed calling upon the licence holders to surrender their arms. This Court has considered the issue recently in W.P.(C).No.11762/2026.
2. In the circumstances, it is clarified that the petitioners are not under any obligation to surrender their arms based on phone call by the 4th respondent. The competent Authority in terms of Ext.P2 guidelines will pass necessary Orders, if the petitioners are require
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.