Competent authority must issue surrender orders for arms, not mere phone calls.

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 4^th 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 4^th respondent. The competent Authority in terms of Ext.P2 guidelines will pass necessary Orders, if the petitioners are required to surrender their arms. While passing such Orders, the impact of the judgment in W.P.(C).No.11762/2026 dated 26.03.2026 shall necessarily be considered by the competent Authority and directions, if any, for surrender shall be in strict compliance of Ext.P2 guidelines and its interpretation in the judgment above referred.

3. The learned counsel for the respective petitioners have pointed out that their respective arms have been deposited because of the pressure exerted by the respective S.H.Os. In W.P.(C).No.10529/2026, it was deposited before the 4^th respondent and in W.P.(C).No.12394/2026, the same has been deposited before a private armoury, evidenced by Ext.P5 receipt. Inasmuch as the deposit is mandated otherwise than in accordance with law, the 4^th respondent in W.P. (C).No.10529/2026 will stand directed to return the arm to the petitioner within a period of two days from today. The learned Government Pleader will give necessary instructions in this regard. Similarly, the private armoury by name ‘Samson Armoury’, which issued Ext.P5 receipt, will also stand directed to return the arm to the petitioner in W.P. (C).No.12394/2026 within two days from today. The 4^th respondent/S.H.O. in that case will stand directed to give necessary instruction in this regard to the said private armoury for return of the arm, as directed above.

4. Learned Government Pleader will inform the gist of this judgment to the 4^th respondent in both the writ petitions, today itself.

These Writ Petitions will stand allowed as indicated above.