General Elections: High Court Seeks Response From Punjab's Chief Electoral Officer On Plea Against "Blanket Order" For Surrender Of Licensed Arms

The Punjab and Haryana High Court has sought response from the Punjab Government authorities and State's Chief Electoral Officer on a PIL challenging alleged blanket order passed by the local police to deposit fire arms owned by licence holders during elections.

The bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji issued notice to the Punjab Government, State Chief Electoral Officer, Director General of Police Punjab, The Barnala Deputy Commissioner, SSP Barnala and SHO.

Gurpreet Singh, a resident of Punjab's Barnala has moved the High Court stating that without any written notice or order the local police has been "pressurising" him to submit his firearm in view of the general elections.

It is alleged that the blanket order to deposit firearms during the election has been passed citing that it is impossible to assess "individual licenses."

"The entire process of depositing arms has a colonial heritage and is based on the erstwhile mistrust of the colonial masters towards the native population in the aftermath of Revolt of 1857 and such an attitude after Independence towards legally valid license holders is not warranted," the plea adds.

"Punjab has less than 4 lakh arms licenses which is a meagre number compared to States like Uttar Pradesh which have over three times the arms licenses and 1/3rd of the total licenses in the country", the plea states.

Reliance is placed on Allahabad High Court's recent judgment Ravi Shankar Tiwari and Others vs. State of UP. through District Magistrate Amethi and Others Civil [Writ Number 2844 of 2024] wherein it was held "blanket orders to surrender Arms to be bad in the eyes of law."

In the light of the above, the petitioner seeks direction to the State authorities "to not to force the petitioner as well as similarly situated persons to deposit their firearms with local police during elections by calling them telephonically."

It is pertinent to mention that recently, the Kerala High Court has directed the screening committee to review their order directing for the surrender of arms which were issued to licensed holders under the Arms Act.

While allowing the petition, a single judge bench of Justice N. Nagaresh stated that “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 matter has been deferred to May 08, for further consideration.

Rishu Garg, Advocate for the petitioner.

Title: Gurpreet Singh v. State of Punjab & Ors.