Allahabad High Court sets conditions for firearm deposits during Lok Sabha elections, emphasizing the need for specific reasons. This follows Election Commission directives and the establishment of a committee in Uttar Pradesh for verification.
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UTTAR PRADESH: Recently, The Allahabad High Court has clarified the conditions under which authorities can demand the deposit of firearms from license holders, particularly in the context of the forthcoming Lok Sabha elections.
Justice Abdul Moin, presiding over the matter, emphasized that a blanket order for the deposit of firearms is not permissible without specific, cogent reasons.
The court’s decision comes in response to the Election Commission of India’s (ECI) recent directives aimed at ensuring law and order during the election period. These instructions led to the Chief Election Officer in Uttar Pradesh establishing a committee, led by the District Magistrate, to oversee the verification and deposit of arms licenses.
Justice Moin referred to past decisions of the High Court, stating:
“Even with the formation of the committee, the order from the screening committee should provide compelling reasons for the necessity of depositing firearms, rather than issuing a directive that applies uniformly to all cases.”
The court’s intervention was sought through a petition challenging the arbitrary orders demanding the deposit of licensed firearms in light of the upcoming elections. The petitioner’s grievances found a solid foundation in the court’s previous rulings, particularly the landmark 2002 judgment in Mohd. Arif Khan vs. State of U.P., which set the precedent that firearms should not be confiscated unless the license holders are involved in criminal activities.
Despite the judiciary’s clear directives over the past two decades, the court noted a persistent trend where authorities consistently disregarded these guidelines, resulting in avoidable legal disputes.
The court expressed disappointment, stating:
“It is evident that despite instructions from the Chief Secretary and the Principal Secretary, Home, Uttar Pradesh, Lucknow, to ensure compliance with this Court’s rulings regarding the deposit of firearms during the election period, these directives have been consistently ignored.”
The judgment also reflected on the systemic disregard for high court rulings, highlighting a “lackadaisical approach” by local authorities, which has resulted in repeated legal confrontations.
The court warned-
Therefore, the Court issued a caution that if any additional petitions challenging such arbitrary orders are brought before it, it may be compelled to levy exemplary costs on the authorities involved.
However, the court emphasized-
“It’s important to note that if the authority has legitimate reasons for requesting the license holder to deposit their firearm, they can issue a specific order to that effect, regardless of any previous observations.”
Case Title:
Ravi Shankar Tiwari and 4 Others vs State of Uttar Pradesh.
