Lok Sabha elections: Kerala High Court says no blanket order can be passed for surrender of licenced arms

The Kerala High Court recently held that the screening authority constituted on the directions of the Election Commission of India (ECI) ahead of the 2024 Lok Sabha Elections cannot issue blanket orders for the surrender of licensed arms during the election season [Jose Joseph & Ors. v. State of Kerala]..Justice N Nagaresh observed that the ECI had directed District Magistrates to make detailed and individual reviews and assessments (in line with the prevalent State laws) of all licensed arms holders to ascertain which arms need to be impounded to maintain law and order. "Unless the surrender of Arms is reasonably necessary in the light of the parameters provided by the Election Commission, there cannot be blanket directions to surrender Arms," the Court said..The Court was considering a petition moved by several persons (petitioners) who held arms (weapons) on the basis of licences issued under the Arms Act, 1959.They were directed by the police to surrender their arms on the basis of a circular issued by the ECI in light of the upcoming Lok Sabha Elections. The petitioners moved the High Court challenging this direction arguing that if their arms were to be surrendered for the entire election period, which from polling to declaration of results could take several months, their lives and property would be put at risk.They also submitted that many of them hail from areas where the threats from wild animals are rampant.The petitioners contended that the screening committee constituted following the directions of the ECI had not considered these aspects before issuing the blanket order to surrender arms. Opposing these contentions, the government pleader argued that this was a measure to ensure free and fair elections as there had been instances of law and order violations during past elections..The Court noted that the circular issued by the ECI has also indicated a non-exhaustive list of cases where the surrender of arms would be required. In the case of the petitioners, the Court noted that the screening committee had not considered whether the petitioners had any history of criminal activity or rioting. It also noted that most of the petitioners were farmers who need to protect their lives and livelihoods from the rising threat of wild animals.Unless the surrender of arms is reasonably necessary in the light of the parameters provided by the Election Commission, there cannot be blanket directions to surrender Arms, the Court added. Therefore, it directed the screening committee to reconsider the matter as per the provisions of the Arms Act and the circulars issued by the ECI, after obtaining necessary inputs from the police.Until fresh decisions are taken, status quo shall be maintained, the Court ordered. .On a related note, the Allahabad High Court also recently held that the concerned authorities cannot pass a general order for the deposit of firearms citing the Lok Sabha elections..Allahabad High Court says authorities cannot issue general order for deposit of firearms citing Lok Sabha polls.[Read Kerala HC Judgment]