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Synopsis

The Allahabad High Court has held that there cannot be a general order for deposit of firearms by license holders before the forthcoming Lok Sabha elections.

The bench of Justice Abdul Moin noted the continued instances coming before the court of authorities compelling firearm license holders to surrender their weapons before elections, despite the high court's 2002 ruling in Mohd. Arif Khan vs. State of U.P., which forbade such actions unless license holders were involved in criminal cases.

Court highlighted that despite the directive for the State Government and its officers in districts within Uttar Pradesh to adhere to the judgment in the case of Mohd. Arif Khan, petitions persist in which authorities compel firearm license holders to surrender their weapons without formal orders or reasons communicated for the necessity of such action.

The court also cited a 2021 judgment where the Chief Secretary and the Principal Secretary, Home, Uttar Pradesh, Lucknow, were specifically instructed to ensure that all subordinate authorities comply with the court's directions regarding the deposit of firearms during election periods. Despite this, the court observed a lack of compliance with these instructions.

"This indicates that the judgements which have been passed by the highest court of state under Article 226 of the Constitution of India and are binding on all the authorities in the State are being conveniently overlooked and are not being followed," court opined.

Court emphasised that the matters which can be sorted out at the level of the local authorities are engaging the attention of the high court which reflected "the lackadaisical approach of the authorities concerned".

Consequently, taking a stern view, court cautioned that if any more petitions are brought before it where authorities continue to compel firearm license holders to surrender their weapons failing to provide any formal orders for the necessity of such actions, exemplary costs will be imposed on the non-compliant state authorities.

Further, on the submission made by the state's counsel that in 2023, the Chief Election Officer in Uttar Pradesh has directed the formation of a committee led by the District Magistrate to verify arms licenses and oversee their deposit in accordance with the ECI directions, court said that even if the said committee has been formed some cogent reasons should emerge from the order of the screening committee as to why it is essential for the fire arms to be deposited.

Court directed the State Chief Secretary and Director General of Police to be notified within 24 hours of the court's order for necessary action.

Case Title: Ravi Shankar Tiwari And 4 Others vs State Of UP