No general order for depositing firearms during LS polls: Allahabad HC

In a matter of depositing licensed arms in view of the Lok Sabha polls, the Lucknow bench of the Allahabad high court has ordered the authorities that there can’t be a general order for it.

The court also clarified that in case the authority has valid reasons requiring the arms licence holders to deposit their weapons, it would always be open for the competent authority to pass a specific order in this regard.

This order was passed by Justice Abdul Moin recently on a petition filed by Ravi Shankar Tiwari and four others of Amethi district raising the issue of depositing the licensed arms by the authorities in view of the general election.

The petitioners submitted that they are valid arms licence holders and the authorities are compelling them to deposit their weapons. They sought relief from the court in the matter in view of their security concerns.

Citing various judgments on the issue, the court said citizens who have valid fire arm licences may not be compelled to deposit their firearms in general merely on the basis that Lok Sabha elections are to be held in near future.

On the other hand, the state counsel informed the court that as per the letter issued by the Uttar Pradesh’s chief electoral officer, holding free and fair elections requires a screening committee for the purpose of verification of the arm licences and for their deposition.

To it, the court said even if the screening committee has been formed, some cogent reasons should emerge from the order of committee as to why it was essential for the firearms to be deposited and there can’t be a general order for depositing arms in view of an earlier judgment of the court on the issue.

With this observation, the court directed to send a copy of the order to the state’s chief secretary, the principal secretary (home) and the director general of police for appropriate action.