Firearms deposit: HC clips SHOs role
Posted: Tue Mar 27, 2007 11:24 pm
Firearms deposit: HC clips SHOs role
R N Pandey
[ 27 Mar, 2007 TIMES NEWS NETWORK ]
ALLAHABAD: In an important verdict having far-reaching consequences, the Allahabad High Court on Monday ruled that district magistrates cannot direct station house officers (SHOs) to exercise their discretion in getting firearms deposited.
The court quashed an order of district magistrate, Allahabad, stating that SHOs cannot be delegated the authority to get deposit firearms. The order was passed by the court as licence-holders were forced to deposit firearms due to forthcoming Assembly elections in the state. Passing a detailed order, Justice Tarun Agarwala disposed of several petitions, quashing the order of the district magistrate issued on March 3, 2007.
The court issued mandamus to the state of UP through chief secretary and other state authorities, including SHOs of the state, not to force the petitioners and other licence-holders in the state to deposit their firearms unless a review and objective assessment is made in individual cases by the competent authority.
The court said: "If it is found by the competent authority that there is a chance of misuse of the weapon an appropriate order in writing is required to be passed for getting the firearms deposited. The order of the deposit of weapon made by the competent authority should be communicated in writing to licence-holders." The court also made it clear that this direction will apply not only in this election, but also in all elections.
The court directed its registry to immediately forward the copy of this order to the chief secretary of the state for necessary communication to authorities concerned.
This order was passed on a writ petition filed by Uma Kant Yadav and others, who were directed to deposit firearms by SHOs concerned on the direction of the DM. The petitioners contended in the court that no sweeping orders could be issued by the administration for depositing firearms during elections.
R N Pandey
[ 27 Mar, 2007 TIMES NEWS NETWORK ]
ALLAHABAD: In an important verdict having far-reaching consequences, the Allahabad High Court on Monday ruled that district magistrates cannot direct station house officers (SHOs) to exercise their discretion in getting firearms deposited.
The court quashed an order of district magistrate, Allahabad, stating that SHOs cannot be delegated the authority to get deposit firearms. The order was passed by the court as licence-holders were forced to deposit firearms due to forthcoming Assembly elections in the state. Passing a detailed order, Justice Tarun Agarwala disposed of several petitions, quashing the order of the district magistrate issued on March 3, 2007.
The court issued mandamus to the state of UP through chief secretary and other state authorities, including SHOs of the state, not to force the petitioners and other licence-holders in the state to deposit their firearms unless a review and objective assessment is made in individual cases by the competent authority.
The court said: "If it is found by the competent authority that there is a chance of misuse of the weapon an appropriate order in writing is required to be passed for getting the firearms deposited. The order of the deposit of weapon made by the competent authority should be communicated in writing to licence-holders." The court also made it clear that this direction will apply not only in this election, but also in all elections.
The court directed its registry to immediately forward the copy of this order to the chief secretary of the state for necessary communication to authorities concerned.
This order was passed on a writ petition filed by Uma Kant Yadav and others, who were directed to deposit firearms by SHOs concerned on the direction of the DM. The petitioners contended in the court that no sweeping orders could be issued by the administration for depositing firearms during elections.
,cause never in the last 16 plus yrs have had to experience that.