In a writ petition, the Karnataka High Court held that the District Magistrate lacked jurisdiction to direct the deposit of licensed arms without considering the matter by the Screening Committee mandated by Election Commission guidelines. The court disposed of the petition and directed the Screening Committee to review the case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 7900 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7900 OF 2023 (GM-RES)
BETWEEN:
M.GOVINDA BHAT, S/O LATE M.ACHUTHA BHAT, AGED ABOUT 69 YEARS, RESIDING AT ‘MADHUVANA’, MANIMOOLE, MANILA VILLAGE, BANTWALA TQ, DAKSHINA KANNADA DISTRICT – 574 243.
…PETITIONER
(BY SRI SUBRAMANYA BHAT M, ADVOCATE)
AND:
WP No. 7900 of 2023
…RESPONDENTS
(BY SRI B.V.KRISHNA, AGA FOR R1 TO R3; SRI S.R.DODAWAD, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING CLAUSE (2)OF THE ORDER BEARING NO.MGC/MAG1/ARMS/114/ 2022/MAG-COP-MGC DATED 29.03.2023 PRODUCED AS ANNEXURE-B ISSUED BY THE R-2 AS THE SAME IS IN UTTER VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE BESIDES BEING VIOLATIVE OF ARTICLES, 14,16,19 AND 21 OF THE CONSTITUTION OF INDIA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is knocking at the doors of this Court calling in question an order dated 29.03.2023, which directs the petitioner to deposit the licensed arms and ammunitions in the wake of declaration of elections, by the Election Commission of India, for the Legislative Assembly of the State of Karnataka.
WP No. 7900 of 2023
The petitioner claims to be the owner of certain agricultural lands and claims to be cultivating those lands for commercial crops. Owing to the problem of the animals around his farm land and for the protection of his life so also the life of the members of his family, applies and secures a fire arms license on 20.04.1995. Since then, the license and the arms are with the petitioner. The petitioner is not alleged of any misuse of those arms even to this date.
WP No. 7900 of 2023
the Official Arms Distributors in the wake of the aforesaid Assembly Elections. It is this direction that drives the petitioner to this Court in the subject petition.
WP No. 7900 of 2023
of the petitioner. The Screening Committee has to meet and then consider the applications / representations of the petitioner for deposit of arms and ammunitions.
WP No. 7900 of 2023
“ Deposit of Licensed Arms
3.10 Immediately after the announcement of elections, District Magistrates shall make a detailed and individual review and assessment (in accordance with the prevalent State laws) of all licence holders so that licensed arms in those cases where they consider it essential are impounded in order to ensure maintenance of law and order so essential for ensuring free and fair elections. These arms should be deposited with the district authorities. Among cases which may need to be reviewed are the following:
(a) Arms licenses of persons released on bail,
(b) Arms licenses of persons having a history of criminal offences, and
(c) Arms licenses of persons previously involved in rioting at any time but especially during the election period. The above categories are only illustrative and not exhaustive.
3.11 As per the above-referred guidelines laid down by the Bombay High Court, for such review and assessment of all licence holders;
(a) There shall be a Screening Committee in every District and in every Commissionerate area. In the District, the Screening Committee shall consist of the District Magistrate and the Superintendent of Police. In the Commissionerate area, it shall consist of the Commissioner of Police (Admn.) and Joint/Additional Commissioner of Police (Admn.)
(b) The Screening Committee shall commence the work of screening from the day of announcement of election by the Election Commission and it shall complete
WP No. 7900 of 2023
the exercise of screening in respect of licences placed before it as far as possible before the date of issue of notification of elections.
(c) Cases of all licence holders as mentioned in para 3.10 above shall be placed before the Screening Committee.
(d) On receipt of report from the Screening Committee, the licensing authority shall issue notice before the last date fixed for withdrawal of candidature to the individual licence holder for depositing his arms and inform the licence holder that failure to deposit the arms as directed would result in prosecution under Section 188 of the I.P.C. as stated in clause 3.11 (g).
(e) The licence holder thereafter shall deposit his arms forthwith and in any case within a period of seven days from the date of receipt of the notice. The Licensing Authority shall give proper receipt to the licence holder.
(f) The decision taken by the Screening Committee shall be final.
(g) Any licence holder who fails to deposit arms within the period specified above shall be liable for prosecution under Section 188 of the Indian Penal Code.”
(Emphasis supplied)
Clause 3.10 deals with deposit of licensed arms. It directs that after the announcement of elections, District Magistrate shall make a detailed and individual review and assessment of all the license holders so that licensed arms in
WP No. 7900 of 2023
those cases are impounded in order to ensure maintenance of law and order. A Screening Committee is said to be functional in every district and in every Commissionerate area. Composition of the Committee is also indicated. Sub-clause (b) of Clause 3.11, directs that the Screening Committee shall commence the screening from the date of announcement of the elections in respect of the licenses placed before it and after following due procedure the license holder will have to be directed to deposit the arms within seven days from the date of receipt of the order. It is a broad procedure prescribed under the guidelines, which mandates that all the information about the license holders of all licensed arms and ammunitions should be placed before the Screening Committee to consider both the necessity of surrender of arms and ammunitions and the representations of the license holders if any.
WP No. 7900 of 2023
“I have heard the learned Counsel for the parties.
2. The petitioner had obtained a SBBL licence as per the order bearing No.D.Dis.ARM.CR.151/94-95. It is the case of the petitioner that the second respondent has directed him to surrender the fire arms in view of the ensuing Lok Sabha elections as per the order at Annexure B' dated 7.3.2014. The petitioner has questioned the validity of the said order in this writ petition.
3. Learned Counsel for the petitioner submits that the house of the petitioner is situated by the side of a highway and retention of fire arms is absolutely essential for his safety and the safety of his family members.
4. Learned HCGP on instructions from the 1- respondent submits that a Screening Committee has been constituted by the first respondent to consider the representations seeking retention of fire arms.
5. If that is so, the petitioner is permitted to file a representation before the 1 respondent seeking appropriate reliefs within one week from the date of receipt of copy of this order. The 1 respondent is directed to refer the representation of the petitioner to the Screening Committee constituted by him for consideration. The Committee is directed to dispose of the representation in accordance with law within a period of eight weeks from the date of receipt of the representation. Till such time, the 1st respondent shall not insist for surrender of the fire arms of the petitioner.”
(Emphasis supplied)
In an identical circumstance, the High Court of Kerala at
Ernakulam in the case of K.A.JOSEPH VS. DISTRICT
WP No. 7900 of 2023
COLLECTOR AND OTHERS reported in 2019 SCC ONLINE
KER 1056, has also held as follows:
“6. The subject issue revolves around the provisions of Ext.R4(a) notification issued by the Election Commission of India in respect of deposit of firearms to ensure peaceful, free and fair elections during the general elections/bye-elections, to assist the State law and order machinery in prevention of pre-poll and postpoll violence and inspire confidence in the Impartiality of election machinery among the common electorate, along with other restrictions and prohibitions. As per clause 3.10 of the notification, immediately after the announcement of elections, the District Magistrates are empowered to make a detailed and individual review and assessment (in accordance with the prevalent State laws) of all licence holders so that licensed arms in those cases where they consider it essential are impounded in order to ensure maintenance of law and order for ensuring free and fair elections. The arms, on evaluation, should be deposited with the district authorities, and the cases which are to be reviewed are prescribed under clauses(a) to (c) thereunder.
7. Further, in order to evaluate the situation, a Screening Committee in every District and in every Commissionerate area is to be appointed, which shall be consisted of the District Magistrate and the Superintendent of Police. In the Commissionerate area, it shall consist of the Commissioner of Police (Admn.) and Joint/Additional Commissioner of Police (Admn.). As per sub-clause (b) of clause 3.11, the Screening Committee shall commence the work of screening from the day of announcement of election by the Election Commission and it shall complete the exercise of screening in respect of licences placed before it as far as possible before the date of issue of notification of elections. As per sub-clause (c),
WP No. 7900 of 2023
cases of all licence holders as mentioned in para 3.10 shall be placed before the Screening Committee, and on receipt of a report from the Screening Committee, the licensing authority shall Issue notice before the last date fixed for withdrawal of candidature to the individual licence holder for depositing his arms and inform the licence holder that failure to deposit the arms as directed would result in prosecution under Sec. 188 of the IPC, and as provided under clause 3.11(g). If such a direction is issued, the licence holder is duty bound to deposit his arms forthwith and in any case within a period of seven days from the date of receipt of the notice, and the Licensing Authority shall give proper receipt to the licence holder. The decision taken by the Screening Committee shall be final also.
8. As per clause 3.12 of the notification, the District Administration is vested with powers to ensure foolproof arrangements for keeping the deposited firearms in safe custody, and issue proper receipts to the licence holders depositing the firearms. It shall be the bounden duty of the District Administration to ensure that all firearms deposited with the Administration are returned to the licence holders, immediately after one week of the declaration of results.
9. Clause 3.13 deals with the licences held by sportsmen like the petitioner, whereby the sportsmen who are members of the National Rifle Association at different levels, i.e., District, State and National levels and have to participate in various sporting events in which they use their rifles, will be exempted from the restrictions. However, the ban shall also not be applicable to those communities who are entitled to display weapons by long standing law, custom and usage. But, such exemptions will not prevent the District Administration to impound weapons of any person,
WP No. 7900 of 2023
even from such communities, if they are found to be indulging in violence or posing a threat to the maintenance of law and order and peaceful conduct of elections. In such cases too. the seized firearms shall remain impounded till one week after the declaration of results.
10. On an analysis and evaluation of the provisions of the notification, it is quite clear and evident that the authority vested with powers to consider the issue with respect to the licence holders and deposit of firearms during any election is remaining with the Screening Committee and the District Administration of every District. Therefore, there can be no doubt that Ext.P7 notice issued by the 3rd respondent, i.e., the Sub Inspector of Police, Pallikkathode Police Station, Kottayam District cannot be sustained under law, and he is not vested with powers to issue any such direction to the petitioner to deposit the arms with the Police Station, in view of the mandatory stipulations contained under the notification issued by the 4th respondent, entrusting the said responsibility and duty with a superior authority. Therefore, whatever power conferred on a police officer, to order deposit of firearms under ordinary circumstances, will remain conceded to the authority under the notification, in so far as the issues dealt with thereunder. Which thus also means, under other circumstances, as part of investigation of crimes, and other situations interfering with normal life and liberty of the people, the police officers are vested with powers to issue necessary directions in accordance with law.
11. In that view of the matter, Ext.P7 is illegal and arbitrary, justifying interference of this Court under Article 226 of the Constitution of India. Moreover, 4th respondent has produced Annexure-R4(b) order issued by the State Government dated 19.02.2019, whereby the Chief Electoral Officer and Additional Chief Secretary to Government has issued orders to all District Election Officers and District Collectors, requesting to comply with the instructions issued by the 4th respondent, especially
WP No. 7900 of 2023
regarding setting up of Screening Committee for scrutiny of arms licence, and further directed to forward a compliance report at the earliest possible to the undersigned.
12. Taking into account all the above aspects, Ext.P7 issued by the 3rd respondent is quashed. However, I make it clear that the Screening Committee is vested with ample powers to review all the issues in respect of holders of arms licence in terms of Annexure-R4(a) notification dated 01.09.2009. To put it otherwise, quashing of Ext.P7 will not stand in the way of the Screening Committee constituted by the District Administration issuing appropriate directions to the licence holders in terms of the notification issued by the 4th respondent specified above.”
(Emphasis supplied)
In the light of the facts as afore-narrated and the judgments of this Court and the High Court of Kerala, I deem it appropriate to pass the following:
ORDER
WP No. 7900 of 2023
licensed arms and ammunitions are necessary according to the Committee.
Sd/JUDGE
NVJ List No.: 1 Sl No.: 66
2 issues framed by the court
Whether the District Magistrate had jurisdiction to direct the deposit of licensed arms without theintervention of the Screening Committee
Whether the order dismissing the need to refer the matter to the Screening Committee violated principles of natural justice
Colour shows how this judgement treated each authority
K.A. Joseph vs. District Collector and OthersRelied on¶67
K.A. Joseph vs. District Collector and Others (2019 SCC Online Ker 1056) · Who else cites this
M. Govinda Bhat
The Deputy Commissioner, And District Magistrate, Dakshina Kannada District
Superintendent of Police
Station House Officer, Vittal Police Station
Election Commission of India
M. Nagaprashanna
As recorded by the court registry
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