Plea in Gujarat HC challenges order to surrender weapons
According to the order, all license holders have been asked to deposit their firearms at local police stations following the Election Commission of India
A petition filed in the Gujarat High Court has challenged the Morbi district collector’s order requiring all gun license holders to surrender their weapons in view of the upcoming general elections.
Jaydip Panchotiya, a practicing lawyer from Morbi, filed a petition through his lawyer, Nadeem Mansuri, questioning the constitutional validity of the recovery order.
According to the order, all license holders have been asked to deposit their firearms at local police stations following the Election Commission of India (ECI) announcement of the Lok Sabha election.
The notification has been issued under the provisions of Section 144 of the CrPC, and the order will remain in force until the model code of conduct is no longer applicable.
As soon as general elections are announced, the administration has a habit of requiring permit holders to surrender their weapons in order to guarantee the peaceful conduct of the electoral process.
However, Panchotiya claims in his petition that there is a specific procedure to compel gun license holders to surrender their weapons.
A selection committee is supposed to be formed to undertake this process. Without following legal procedure, the district collector cannot issue a general order to disarm all license holders.
This exercise of issuing such directions under the provisions of Section 144 of the CrPC violates the constitutional rights as it endangers the safety of the licensee.
The petitioner sought the HC’s order to quash the Morbi district collector’s notification issued after the announcement of the LS elections. The court will likely hear that motion on Friday.
