No Blanket Order Can Be Passed To Deposit Licensed Firearms Before Elections: Karnataka High Court Issues Guidelines

The Karnataka High Court recently issued guidelines to be followed by authorities to ensure that orders are not passed demanding the deposit of firearms by licensed holders before Lok Sabha elections.A single judge bench of Justice Sachin Shankar Magadum said “Since the authorities are consistently violating the guidelines issued by the Election Commission of India, this Court deems it fit to issue certain directions.” Accordingly it issued the following guidelines—i) The authorities are strictly prohibited from issuing blanket orders that demand the deposit of firearms from all license holders. Such blanket orders not only contravene the specific directives issued by the Election Commission but also fail to address the nuanced risks associated with individual license holders. ii) The authorities have to take cognizance of the vulnerable communities who are often facing wildlife induced damage to crops and livestock. The Screening Committee therefore has to adopt a nuanced and evidence based approach to address the firearms possessed by the farmers abutting the forest area. They have to strike a balance between maintaining law and order during elections and at the same time, protect the rights of vulnerable communities and the negative interactions between wild animals and the residents residing at the foot of the forest area. Therefore, the Screening committee while implementing the directives issued by the Election Commission of India has to demonstrate flexibility regarding surrender of firearms taking into account not only the individual circumstances of farmers and their specific threats faced at the hands of wild animals, but there has to be an overall assessment of that region which is often affected due to interaction between wild animals and the losses incurred by the farmers. iii) There are several individuals including activists, Advocates who are often exposed to potential risk to their life. Therefore, during every election, there cannot be a blanket order calling upon these individuals/activists/ professionals to surrender guns/firearms especially when these individuals/professionals/activists have obtained licenses for personal security and the same is critical to hold guns for ensuring their safety and wellbeing. Therefore, by way of blanket order, the authorities cannot expose the individuals vulnerable to threat to life. This may be also prevalent during the election period and such individuals who have no nexus with the election process may need firearms more during the elections, than otherwise. iv) All directives and communications regarding the deposit or any other action related to firearms must be conveyed in written form. This ensures transparency, accountability, and provides a clear record of instructions issued. Oral instructions, whether given in person or over the phone, are susceptible to misinterpretation and should, therefore, be avoided to maintain the integrity of the process. v) Before the commencement of any election, authorities must conduct a rigorous screening process of firearm license holders. This process should prioritise individuals with a history of criminal offences, especially those previously involved in rioting or violence during election periods. The objective is to identify potential risks and take necessary precautions to maintain law and order. vi) The Election Commission shall provide clear and comprehensive guidelines outlining the responsibilities and duties of concerned police officials in conducting the pre election screening. These guidelines should detail the criteria for assessing risks and the procedures for documenting and reporting and volume of instructions issued by the Election Commission. There is a need for a concise and accessible guide. The Election Commission should compile and publish a user-friendly guide before every election, summarising the key instructions and procedures for officials involved in the conduct of elections. vii) Although police stations may not typically maintain lists of persons on bail, they should keep records of individuals charged in offences relating to rioting during elections. This information is crucial for assessing the eligibility of firearm license holders and ensuring compliance with the Election Commission's directives. viii) The Election Commission should actively monitor the implementation of its directives by securing reports from all district magistrates. These reports should provide insights into the effectiveness of the screening process and highlight any challenges or areas for improvement. ix) A comprehensive review should be conducted after every election to evaluate the implementation of the Election Commission's directives. This review should aim to identify procedural errors, assess the overall effectiveness of the screening process, and make necessary adjustments to prevent future lapses. x) In addition to the pre-election screening, an extensive review of firearm offences directly...

No Blanket Order Can Be Passed To Deposit Licensed Firearms Before Elections: Karnataka High Court Issues Guidelines

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