Karnataka High Court prohibits blanket orders for firearm deposit during elections, ruling in favor of firearm owners. Justice Sachin Shankar Magadum leads decision following petition by farmers and firearm owners.
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BENGALURU: Recently, The Karnataka High Court has declared that authorities cannot issue blanket orders requiring the deposit of all licensed firearms during election periods. This judgment, delivered by a single-judge bench led by Justice Sachin Shankar Magadum, was in response to a petition filed by firearm owners, including farmers, who challenged the blanket order.
The petitioners argued that they resided near forested areas and had obtained firearms to protect their livestock and crops. They asserted that their legitimate possession of firearms did not pose any threat to the electoral process.
Justice Magadum emphasized the importance of individualized scrutiny when dealing with firearm licenses.
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He stated-
“The Election Commission guidelines underscore the necessity of personalized evaluation for firearm license holders, particularly those with prior criminal records or involvement in disturbances. Consequently, the blanket directive from the respondent deputy commissioner unfairly affects vulnerable groups, including farmers residing in wooded regions and individuals who perceive threats to their safety and possess gun licenses for personal security. Implementing blanket restrictions without regard for these distinct circumstances frequently results in undue hardships, contributing to a surge in writ petitions to this Court on the eve of each subsequent election.”
The bench observed that similar observations had been made in previous cases before the Bombay and Allahabad High Courts. Justice Magadum noted that issuing blanket orders without individual review sets a dangerous precedent, as seen in the present case.
Upon granting the petitions, the court laid out several crucial instructions. It directed authorities to refrain from issuing blanket orders and emphasized the necessity of considering the specific circumstances of vulnerable communities, such as farmers dealing with crop damage. Justice Magadum stressed the importance of finding a balance between maintaining law and order and addressing the legitimate needs of these communities.
The court also highlighted that individuals such as advocates and activists, who are exposed to various risks, should not be rendered vulnerable by blanket firearm deposit orders.
“Individuals such as advocates and activists, who are exposed to risks, should not be rendered vulnerable by a blanket order, as they may require their weapons for heightened protection during such periods.”
-the bench noted.
Among other guidelines, the court directed that a thorough screening process of firearm owners should be conducted before elections. This process should prioritize individuals with a criminal history. Additionally, the court mandated that all orders and communications regarding firearms should be in written form to avoid any misinterpretation.
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