SHO Cannot Mandate Surrender Of Firearms Via Phone Calls Ahead Of Elections: Kerala High Court
Anamika MJ
30 March 2026 4:39 PM IST
The Kerala High Court has held that Station House Officer (SHO) cannot mandate surrender of licensed firearms through phone calls ahead of Legislative Assembly Elections in the State.
The Court added that the proper decision-making process and individual assessment must be carried out for surrendering licensed firearms.
Justice C. Jayachandran delivered the judgment while allowing two writ petitions who challenged directives issued by local SHOs requiring them to deposit their arms ahead of elections.
The Court observed that the Election Commission of India's guidelines on arms surrender mandate a structured decision-making process. This includes individual assessment, review by the competent authority, and the issuance of a formal order before requiring any license holder to deposit firearms.
The Court clarified that a mere phone call from an SHO does not constitute a valid legal directive. It emphasized that such informal communication cannot override statutory safeguards or procedural requirements.
“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 required to surrender their arms.” the Court noted.
Both petitioners had already deposited their firearms, allegedly under pressure from the police. Taking note of this, the Court directed the SHO to return the firearms within two days.
With these directions, the Court allowed the writ petitions.
Case Title: N.P. Kunhikannan v State of Kerala and Ors. and connected case
Case No: WP(C) 10529/ 2026
Citation: 2026 LiveLaw (Ker) 177
Counsel for Petitioner: P. Sheeba, Aswini Sankar R. S., P. Yadhu Kumar, Aswathy Menon, Simmy Joseph
Counsel for Respondent: M. Ajay (SC - ECI), Vidhya A.C (G.P), Ajith Viswanathan (GP)