HARPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court invoking the writ jurisdiction under Article 226 of the Constitution of India seeking a direction to the respondents to exempt him from depositing the fire arm as per proclamation purported to have been issued u/s 144/144 A Cr.P.C. by respondent No.2. The petitioner claims that he should not be compelled to deposit the fire arm with the local police. He seeks a restraint order against the respondents to take possession of his fire arms.

(2.) On notice having been issued to the State, reply has been filed by DSP, Sub Division Kharar on behalf of respondents 1 and 3 to 5, relying upon the instructions issued by the Election Commission of India vide letter dtd. 1/9/2009. Referring the instructions 3.10 and 3.11 of the said letter regarding deposit of licenced weapons, instructions had been issued by ADGP, IT&T-cum- Police Nodal Officer, Elections, Punjab to all the Police Commissioners and SSPs of Punjab to ensure that all the licenced weapons of the respective districts are deposited, except for those, who have got special permission for keeping the same with them from the concerned Deputy Commissioner till 17/1/2017. Reliance has also been placed on Annexures R-2 and R-3/T regarding deposit of the fire arms. The relevant directions issued by the Election Commission of India in paras 3.10 and 3.11 read as follows:-

(3.) The above said instructions clearly lay down that there would be a Screening Committee in every district and in every Commissionerate area consisting of District Magistrate and Superintendent of Police or Commissioner of Police (Admn.) and Joint/ Additional Commissioner of Police (Admn.), which shall commence the work of screening from the date of announcement of election by the Election Commission of India and shall complete the exercise of screening in respect of arms licenses placed before it. It is apparent from Instruction 3.10 that on announcement of elections, the District Magistrate shall make a detailed and individual review and assessment of all license holders so that licensed arms in those cases where they consider it essential, are impounded in order to ensure maintenance of law and order. It is specifically mentioned that the cases which need to be reviewed are pertaining to the arms licences of persons released on bail, arms licences of persons having histsory of criminal offences and the arms licences of persons previously involved in rioting at any time but especially during the election period.