The Karnataka High Court has said authorities cannot issue blanket orders asking for the surrender of all licensed firearms during election periods and has also issued several guidelines to be followed in such orders. The order was passed recently by a single-judge bench comprising Justice Sachin Shankar Magadum on a petition filed by firearm owners, including farmers.
The petitioners argued that because they lived near forested areas and acquired their firearms to protect their livestock and crops, their lawful possession of the weapons posed no threat to the election.
The court said, “The Election Commission guidelines clearly emphasise the need for individual scrutiny of firearm licence holders, especially those with a criminal record or history of involvement in violence. Thus, the blanket orders issued by the respondent Deputy Commissioner disproportionately impact vulnerable sections like farmers living in forest areas and individuals who have obtained firearm licences for self-defence fearing threat to their lives. Hence, imposition of blanket restrictions without taking into consideration such special circumstances often results in undue hardship and this Court is inundated with writ petitions every time on the eve of elections.”
The court pointed out that there were other cases in which similar observations had been made by the Bombay High Court and the Allahabad High Court. It also pointed out that a dangerous precedent was being set by passing a blanket order and no individual review was conducted in the present case.
While allowing the petition, the court also issued several directions. The court directed the authorities not to issue blanket orders, noting that they need to take into consideration vulnerable communities facing crop damage and strike a balance with law and order requirements. The court also said that people like advocates and activists who are at risk cannot be made vulnerable by blanket orders as they may be in more need of arms at such times.
Among other guidelines, the court directed that a screening process for firearm owners should be conducted before the election to give priority to those with criminal records, and that any orders or communications regarding firearms should be in writing to avoid misunderstandings.
© Indian Express Ltd.
First uploaded: May 28, 2024 9:48 AM
