AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.942 OF 2009 Mr. Merwan Aspi Irani ... Petitioner Vs. The State of Maharashtra & Ors. ... Respondents Mr. S.H. Joshi for the petitioner. Mr. V.B. Konde-Deshmukh, A.P.P. for the State. CORAM : SMT. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 21ST APRIL, 2009. P.C.:- 1. The petitioner is a sportsman. He has participated in several shooting competitions held all over India in different States. He is a bona fide member of National Rifle Association of India. He has annexed to the petition, a xerox copy of his identity card and certificate issued by the National Rifle Association of India. He has annexed certificate issued by the Bilimora Rifle Club and the AJN 2 Navasari District Rifle Association to the effect that he had participated in Gujarat State Trap Shotting Championship Competition. He has also annexed the competitor's card issued by the National Rifle Association of India. 2. According to the petitioner, on 12/3/2009, he received a telephone call from the Palghar Police Station asking him to deposit his firearm with the police. On the same day, he deposited his revolver with the Palghar Police Station. It is the case of the petitioner that no notice was served on him. It is the case of the petitioner that he perused a copy of the letter dated 9/3/2009 addressed by the Collector, Thane to the Police Inspector, Palghar Police Station. He has annexed copy of the said letter dated 9/3/2009 to the petition. It states that the Election Commission has declared the election programme for the 2009 Parliamentary Elections and, from 2/3/2009, the Code of Conduct for the election has been brought into force. The letter directs the Police Station to ensure that all firearm licence holders in their jurisdiction, deposit their firearms with them during the period in which the Code of AJN 3 Conduct is in force. 3. According to the petitioner, he also perused a copy of the Notification dated 18/3/2009 issued by the Collector of Thane whereby prohibitory order under Section 144(2) of the Code of Criminal Procedure, 1973 (for short, “the Code”) was issued restraining the firearm licence holders from carrying their firearms. According to the petitioner, he addressed Representation dated 24/3/2009 to the Additional Collector of Thane calling upon him to let him know under what provisions of law, the notification had been issued. The petitioner's case is that he has not received any reply till date. According to the petitioner, the direction to deposit firearms is illegal because the notification under Section 144(2) of the Code was issued on 18/3/2009. Therefore, on 9/3/2009, the petitioner could not have been asked to deposit the firearms. It is also contended that as per the notification, review and assessment of firearm licence holders is a must. Inasmuch as the petitioner' s case was not reviewed prior to direction to deposit firearms with the police was issued, the said direction is illegal and must be set AJN 4 aside. 4. We find substance in this contention. A copy of the letter issued by the Election Commissioner of India dated 8/1/2007 has been tendered in the court. We have perused it. Clauses 4.10 and 4.11 read thus: “4.10. Immediately after the announcement of elections, District Magistrates shall make a detailed and individual review and assessment (in accordance with the prevalent State laws) of all licence holders so that licensed arms in those cases where they consider it essential are impounded in order to ensure maintenance of law and order so essential for ensuring free and fair elections. These arms should be deposited with the district authorities. Among cases which may need to be reviewed are the following: (a) Arms licenses for persons released on bail. (b) Arms licenses of persons having a history of criminal offences, and (c) Arms licenses of persons previously involved in rioting at any time but especially during the election period. (The above categories are only illustrative and not exhaustive). 4.11. After such review, all such licence- AJN 5 holders who are identified, shall be directed to deposit their arms with the District Administration during the period of one week from the last date for withdrawal of candidatures.” 5. The above clauses make it clear that there has to be a detailed and individual review and assessment of all licence holders so that where it is necessary, licenced arms could be impounded in order to ensure maintenance of law and order for ensuring free and fair elections. Admittedly, there is no review of the petitioner's case. In fact, no Screening Committee was in place at the relevant time. Upon query made by the court, on instructions from Mr. Rajendra Sawant, PSI attached to Palghar Police Station, learned A.P.P. has informed us that no Screening Committee was constituted by the respondents prior to calling upon the petitioner to deposit the firearm. A copy of letter dated 24/3/2009 addressed by the Collector, Thane, to the A.P.P., High Court, Bombay, is taken on record and marked “X”. The letter states that the Screening Committee has now been established. Considering the fact that the petitioner is a bona fide member of the National Rifle Association of India; that he has no antecedents; that in response AJN 6 to the telephone call, he had personally gone and deposited the firearm and that the Screening Committee was not even in existence when the telephone call was made and the petitioner's case was not reviewed and assessed prior to asking him to deposit the firearm, in our opinion, the direction issued by the respondents to the petitioner asking him to deposit the firearm needs to be quashed and set aside and is accordingly quashed and set aside. We direct the respondents to return the firearm to the petitioner. This shall not preclude the respondents from taking any action in accordance with law as regards firearm possessed by the petitioner. 6. The petition is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [R.G. KETKAR, J.]