RAM HIT Vs. STATE OF U P

JUDGEMENT

(1.) This is a writ petition under Article 226 of the Constitution of India praying for a writ of certtorari to quash the letter dated 26.5.2000 issued by Additional Commissioner, State Election Commission, U.P. respondent No. 5 (Annexure-III to the writ petition) to the extent it required all the District Magistrates, District Panchayat Raj Officers and Senior Superintendent of Police, Superintendent of Police to take action for getting licenced arms to be surrendered and deposited with the concerned authority and for a writ of mandamus commanding the respondents not to compel the petitioner, holder of a valid licenced firearms to deposit his arm on the basis of sweeping observation that Panchayat Raj elections were going to be held in near future.

(2.) Petitioner has filed copy of a news report allegedly containing a statement of District Magistrate concerned disclosing that licenced arms of all the persons in the district shall be required to be deposited necessarily and in case firearms are not deposited on or before 26.5.2000, all the licences of such persons, shall be declared invalid and illegal.

(3.) Every day number of writ petitions are being filed before this Court on some what similar facts and allegations containing that no sweeping or general order can be issued for depositing firearms unless it is contemplated under Arms Act for such suspension and its cancellation.