Single-judge High Court writ petition sought relief regarding mandatory fire arm deposit. Court directed formation of Screening Committee and granted temporary stay on deposit demand pending committee consideration.
Formation of Screening Committee directed; petitioner exempted from depositing firearm for two weeks to file application.
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Court No. - 28
Case :- WRIT - C No. - 9237 of 2019
Petitioner :- Anis Ahmad Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Mata Achal Mishra Counsel for Respondent :- C.S.C.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri M.A. Mishra, learned counsel for the petitioner and learned standing counsel for the respondents.
Contention of the petitioner is that he was required by respondent nos.6 and 7 for depositing of his fire arm.
Learned standing counsel appearing for the State has placed on record a letter of the Additional Director General of Police dated 2.2.2019 by which all the Senior Superintendent of Police and Superintendent of Police, throughout the State have been directed to approach the District Magistrate for constituting a Screening Committee, in regard to the deposit of fire arm license or from exempting the same to be deposited.
He has further placed before the Court a circular of the Chief Election Commissioner, U.P. dated 25.2.2019. In paragraph 2 of the said circular, it is stated that information has been received that the history sheeters and people with criminal backgrounds are having fire arms, their fire arms are required to be deposited and as such the Screening Committee was constituted, which shall consider each case and pass orders on merit.
In view of the letter of the Additional Director General of Police, U.P. dated 2.2.2019 and the circular of the Chief Election Commissioner, U.P., dated 25.2.2019, if the petitioner files an application before the Screening Committee within one week from today, the Committee is directed to consider and decide the application so filed, within one week thereafter by a reasoned and speaking order. Further, it is provided that for two weeks from today, the respondents shall not insist the petitioner to deposit the fire arm.
The writ petition is disposed of.
Order Date :- 28.3.2019 AKJ
1 issue framed by the court
Whether to direct formation of Screening Committee and temporary stay on demanding fire arm deposit from petitioner.
Anis Ahmad
State Of U.P.
Rohit Ranjan Agarwal
As recorded by the court registry
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