Disposed

Mohd. Shuaib and 18 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. Lko. and 4 Others

Allahabad HC1 Apr 2024WRIC/3007/2024

Case brief

AI extract

What is this about?

The court disposed the writ petition by relying on the precedent Ziaur Rahman Alvi (2019). It held that citizens with valid licenses cannot be compelled to deposit firearms merely during Assembly Elections absent a specific order against them.

What did the court decide?

No mandate to deposit firearms if the petitioner possesses a valid license and no specific order directs otherwise.

Mohd. Shuaib and 18 Others vs State of U.P. Thru. Prin. Secy… — Election Law | Allahabad HC (2024)

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Court No. - 19

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Case :- WRIT - C No. - 3007 of 2024

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Petitioner :- Mohd. Shuaib And 18 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Sectt. Lko. And 4 Others

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Counsel for Petitioner :- Anil Kumar Mishra

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Counsel for Respondent :- C.S.C.,Kaushlendra Yadav

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Anil Kumar Mishra, the learned counsel for the petitioners, Sri S.K. Khare, the learned Standing Counsel for opposite party nos. 1, 3, 4 & 5 as well as Sri O.P. Srivastava, Senior Advocate assisted by Ms. Anupriya Srivastava, the learned counsel for the opposite party no. 2.

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Learned counsel for the parties agree that similar controversy as raised in the present petition has been disposed off by this court in terms of the order dated 30.03.2019 passed in Writ Petition Misc. Single No.8774 of 2019 (Ziaur Rahman Alvi vs State of U.P. and others) on the following terms :

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"In view of the aforesaid facts and circumstances, the writ petitions are being disposed of with the direction:-

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i. A writ in the nature of mandamus is issued commanding the State Government that the citizens who have valid fire arms license including the petitioners, may not be compelled to deposit their fire arms in general merely on the basis of the ensuing Assembly Elections.

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ii. It is also commanded that no District Magistrate or District Superintendent of Police or any Officer subordinate to them shall compel the citizens in general to deposit their firearm unless there is an order of the Central Government as indicated hereinabvoe in the judgment.

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However, the above directions shall not preclude the competent officer/authority to pass orders/prohibit orders in individual cases or in general under the provisions of the Arms Act or under the provisions of Code of Criminal Procedure, 1973 after application of mind.

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It will also not preclude the District Magistrates/ SSPs/ S.P.s/ Incharge of the Districts to seize weapons and take action against the holders of fire arms licence under the provisions of the Arms Act in case any attempt is made by any citizen to display or carry firearms at any time till the end of the elections as the orders have already been passed by the District Magistrate under Section 144 Cr.P.C.

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It is further clarified that in case any citizen has criminal antecedents or found displaying the arms, action may be taken against them in accordance with the provisions of law. District Magistrates are also directed to pass orders after examining the individual cases for suspending the licences and ensuring the deposit of arms in cases related to persons who have criminal history or who are on bail or lacked clean antecendents as the same might involved interference in the conduct of the free and fair elections."

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(11) Considering the order of the respondents issued under the direction of the Election Commission of India and observation made in the above referred judgments, this Court is of the opinion that no useful purpose will be served in keeping the writ petition pending.

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(12) Thus, on the reasons recorded in the aforesaid judgments, this writ petition is finally disposed of with the direction that in case the petitioner possess valid arms license for his fire arms and no written order has been issued by the competent authority against him with the direction to deposit the arms, the petitioner will not be compelled to deposit his fire arms.

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(13) However, it shall be open for the opposite parties to proceed in accordance with law on case to case basis, in case, if they feel that continuance of the fire arms with the petitioner shall be detrimental to public peace or law and order."

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Learned Standing Counsel on the basis of instructions sent in another matter informs that an order has been issued by the Election Commission vide letter no. 464/INST/EPS/2023/L & O dated 08.06.2023 and in pursuance thereto the Chief Election Officer, U.P., Lucknow has issued letter No. 466/CEO-2-04/22023 dated 09.06.2023 for the purpose of holding of free and fair elections which requires a committee headed by the District Magistrate of the concerned district and comprising of the S.P., A.D.M. and A.S.P. as its members to form a screening committee for the purpose of verification of the arms licenses and for their deposit.

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Thus, the present petition is also disposed off in terms of the order above dated 30.03.2019 extracted and on the same terms and conditions.

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Order Date :- 1.4.2024 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Shuaib and 18 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. Lko. and 4 Others

Case brief

What is this about?

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Mohd. Shuaib and 18 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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