[Lok Sabha Elections] Screening Committee Can't Issue Blanket Directions For Surrender Of Licensed Arms: Kerala High Court

The Kerala High Court has directed the screening committee to review their order directing for the surrender of arms which were issued to licensed holders under the Arms Act.

While allowing the petition, a single judge bench of Justice N. Nagaresh stated that “Unless the surrender of Arms is reasonably necessary in the light of the parameters provided by the Election Commission, there cannot be blanket directions to surrender Arms”.

The petitioners, who were issued a license under the Arms Act to hold arms, were challenging an order of the screening committee constituted for the surrender of arms due to the impending Lok Sabha Elections 2024.

The petitioners submitted that they obtained the arms license in order to protect themselves and was granted to them after the required enquiries were conducted. The counsel for the petitioners added that there was a risk to the safety of the petitioners given that they are settled in areas with the threat of wild animals encroaching on their land. They pointed out that it was not feasible for the petitioners to be asked to surrender their arms for the duration of the election as it is expected to last two to three months for the completion of polling and the declaration of results,

The senior government pleader submitted that the decision to direct the license holders to surrender arms was taken to ensure a free and peaceful Lok Sabha Elections, 2024, highlighting instances of previous law and order violations. The counsel added that the decision to direct the surrender of arms was taken on the basis of the directions issued by the Election Commission of India and that there was no illegality or arbitrariness in that decision.

The court noted that the screening committee had granted exemptions to certain arms license holders, such as those working for financial institutions. Additionally, the court pointed out that there was no indication that the screening committee had noted the relevant considerations with regard to the petitioners while making such a decision, such as their criminal history.

“It is not disputed that wild animal threats are rampant in certain areas of the State during the recent past. Most of the petitioners are farmers, who want to protect their lives, property as well as agriculture, for the purpose of their livelihood” concluded the court.

Counsel for Petitioners: Advocates PM Ziraj, Irfan Ziraj and Alen J Cheruvil

Case Citation: 2024 LiveLaw Ker 259

Case Title: Jose Joseph and ors. v. State of Kerala and ors.

Case Number: WP(C) No. 14477 of 2024

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