PANJIM: The High Court of Bombay at Goa has directed the Goa State Election Commission (GSEC) to modify its order dated October 30, 2020 in consistent with the directions issued by the three Division Benches of this Court and as per the instructions dated September 1, 2009 issued by the Election Commission of India (ECI) regarding ‘ban on carrying of licenced arms’ and ‘deposit of licenced arms’.
Siddharth Tirodkar of Dharbandora, Wilson Vaz of Velsao and Dr Yeshwant Dhume, all arms licenced holders had filed a writ petition, challenging the promulgation of orders dated February 23, 2021 by both the District Magistrates under Section 144 of the Code of Criminal Procedure (CrPC), requiring them to deposit their respective firearms at the nearest police station of their respective jurisdictions effective from February 23, 2021 and up to March 1, 2021. The order further stated that such arms would be released five days after the conclusion of the elections.
Arguing on behalf of the petitioners, Adv Dhaval Zaveri contended that the Election Commission of India had revised its earlier instructions taking cognisance of the Bombay High Court ruling in Govind alias Bhai Ganesh Tilve v/s Vikram Kumar and others. However, the Goa State Election Commission failed to undertake a similar exercise, ignoring binding precedents and the mandate of Articles 14 and 21 of the Constitution of India.
Adv Zaveri pointed out that the Goa State Election Commissioner’s order dated October 30, 2020 was inconsistent with the rulings of three division benches of this Court, even though the Election Commission of India duly accepted such rulings and modified its instructions in 2009.
In its earlier orders, the Bombay High Court had made it clear that authorities cannot issue a blanket order asking every citizen to deposit his/her licenced weapon with the police prior to the elections. The order asking a person to deposit arms can be issued by the licencing authority only after examining the case individually by a screening committee, the Court had stated.
The Division bench comprising Justice Mahesh S Sonak and Justice B P Deshpande observed that the District Magistrates had issued the orders based upon the directives issued by the Goa State Election Commission and had not independently applied their mind.
The blanket direction issued relying entirely upon clause 17 of order dated October 30, 2020 indicated lack of independent application of mind by the District Magistrates. The clause 17 did not direct a blanket order to all arms licencees to deposit their arms with the State administration.
The Court has now directed the State Election Commission to complete the exercise of modifying its order within three months from the date of the order and to file a compliance report in the Court latest by September 8, 2023.
