RAVI JACOB Vs. STATE OF KERALA

JUDGEMENT

(1.) The captioned writ petitions are filed by the petitioners seeking direction to the respondents not to compel the petitioners to deposit their licensed arm in violation of the Circular issued by the Election Commission of India dated 01.09.2009, in respect of impounding of licensed arms during the elections. Case projected by the petitioners is that, the local Police officers are calling the petitioners over telephone and directing them to surrender the arm, which is against the Circular of the Election Commission of India, issued as per the direction of the Bombay High Court, in order to avoid unnecessary harassment and impounding of arm.

(2.) As per the Circular issued by the Election Commission of India, parameters are prescribed and stipulated, enabling the Screening Committee constituted under the Circular to review and assess the case of each and every licence holder in accordance with the prevalent State laws, and where they consider it essential are impounded in order to ensure maintenance of law and order for conduct of free and fair elections. Case of the petitioners is that, overlooking the prescriptions under the said Circular, the local Police Officers have no power to direct the licensed arm holders to surrender the same.

(3.) I have heard learned counsel for the petitioners, learned Government Pleader, and the learned Standing Counsel appearing for the Election Commission of India, and perused the pleadings and the documents on record.