In a recent ruling, the Kerala High Court emphasized that blanket orders for the surrender of licensed arms during election seasons cannot be issued without individual assessments. The Court's decision came in response to a petition challenging a directive to surrender arms issued by the Election Commission of India (ECI) ahead of the 2024 Lok Sabha Elections.
Justice N Nagaresh, presiding over the case, highlighted that the ECI instructed District Magistrates to conduct detailed reviews of licensed arms holders to determine the necessity of surrendering arms based on prevailing state laws and election-related parameters.
The Court underscored the importance of individual assessments, stating, "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 petitioners, who possessed arms under licenses issued by the Arms Act, 1959, challenged the directive, expressing concerns about their safety and livelihoods if their arms were surrendered for the entire election period. Many petitioners reside in areas prone to threats from wild animals.
Opposing arguments asserted that such measures were essential to ensure law and order during elections, citing past instances of violations. However, the Court noted that the screening committee failed to consider factors such as the petitioners' criminal history or the necessity for self-defense against wildlife.
Acknowledging the non-exhaustive list of cases requiring surrender provided by the ECI, the Court directed the screening committee to reassess each case in accordance with the Arms Act and ECI circulars. Until revised decisions are made, the status quo must be maintained.
This ruling reinforces the principle of individual assessment in matters concerning the surrender of licensed arms during elections, ensuring that the safety and livelihoods of citizens are adequately considered within the framework of election-related regulations.