I. M. QUDDUSI, J. These all writ petitions have been filed against the ac tion of the Officer Incharge of the con cerned Police Stations compelling the petitioners and others persons naving fiire-arms licence to deposit their firearms, at the police station of their respective areas. Although in these cases no written direc tion has been issued by any officer or authority but in spite of that the citizens having valid licence are being compelled to deposit their fire-arms. 2. This Court has noticed that a num ber of writ petitions have been filed by individuals in the post and are being filed in respect of the directions oral or written in general to the licence holders to deposit the fire-arms by different officers of the State Government like District Magistrate, Sub-Divisional Magistrate and the Officer Incharge of the concerned police stations. One of the orders of the District Magistrate, Barabanki has been produced which is dated 26th August, 1999, by which the District Magistrate in view of the Lpk Sabha Elections suspended all the fire-arms licences in the district of Barabanki with a direction to deposit the fire-arms at the police stations or the arm dealers. 3. In the past several writ petitions have been filed by the individuals and in terim orders have been passed to the effect that in case the* petitioner holds a valid licence and the same has not been suspended or revoked he shall not be forced to deposit fire-arms etc. In this regard the number of some of the writ petitions are 2348 (M/s) of 1999, 176 (M/w) of 1998, 177 (MS) of 1998, 2361 (M/s) of 1999 and 227 (M/s) of 1998 etc. resulting increase of litigation and pen dency of writ petition in this Court, there fore, this Court has considered, it fit to decide these writ petitions considering that the citizens having fire-arm licence are being compelled to deposit their fire arms in general and also decided to take a decision by treating these writ petitions as Public Interest Litigating so that in future the individual may not file writ petitions in this Court and this Court may not be bur dened more by keeping the writ petitions pending for decision. 4. I have heard learned Counsel for the petitioners and learned standing Counsel at quite length. 5. 4. I have heard learned Counsel for the petitioners and learned standing Counsel at quite length. 5. Learned Counsel for the petitioners have urged that the oral direc tion to deposit firearm has been made due to ensuing Lok Sabha Elections. Learned standing Counsel has submitted that merely on the basis of oral directions writ petition is not maintainable. 6. There can be two mode under the law for taking action in connection with the preventive measures or in respect of action for depositing fire-arm. The first mode is Section 144, Cr PC underwhich an order is liable to be passed by the District Magistrate, Sub-Divisional Magistrate or Executive Magistrate specially em powered by the State Government in this behalf to be made in writing stating the material fact of the case. The second mode is action under the Arms Act. 7. In the above regard a Division Bench of this Court in the matter otmohd. Arifkhan v. District Magistrate, 1994 (12) LCD 93, has held as under :- ". . . . . . The order passed, under Section 144 must state the material fact and that gives a clear indication that the District Magistrate shall form his opinion on the basis of those facts. The impugned order does not state the material facts of the case as well. We find that the condi tion precedent for taking action under Section 144 has not been fulfilled in the present case and, therefore, the impugned order is without jurisdiction and liable to be struck down. The power of the District Magistrate or any other concerned Magistrate to take action under Section 144, Cr PC is discretionary. The discretion is to be exercised according to law. A person entrusted with a discretion must direct himself properly in law. He must call his own attention to the matters which he is bound to consider and must be guided by relevant con siderations and not by irrelevant or extraneous considerations. So if the District Magistrate does not use his own discretions of some other authority, his decision will be vitiated by non-ap plication of mind and it cannot stand. He must call his own attention to the matters which he is bound to consider and must be guided by relevant con siderations and not by irrelevant or extraneous considerations. So if the District Magistrate does not use his own discretions of some other authority, his decision will be vitiated by non-ap plication of mind and it cannot stand. If the District Magistrate or other con cerned Magistrate intends to take action under Section 144, he should himself consider the material facts of the case and form a bonafide opinion on relevant considerations whether there is sufficient ground for proceeding under this section and whether immediate prevention or speedy remedy is desirable. If in the opinion of the Magistrate concerned, such a situation exists, then he may direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management. The precise direction will have to be shaped and issued to meet the situation ; but in determining the nature of the specific direction, the Magistrate will have to consider whether the direction is likely to prevent or tend to prevent obstructions, an noyance or injury to any person lawfully employed or danger to human life, health or safety or a disturbance of the public tranquility or a riot or an affray. In other words, the direc tion must be (sic) a rational connection with the objects specified in the section, for which it is issued. The scope of Section 144, Cr PC cannot be enlarged or. altered in the impugned circulars dated July 6,1993 and October 10,1993 may be issued of controlling the direction of the Magistrate under Section 144 or directing him to use the section in a certain manner and pass particular orders. If the Magistrate takes action on the basis of such directions, his action will be liable to be struck down as being not in conformity with law. The Magistrate will have to use his own discretion and take action accordingly, as dis cussed above, treating the directives under Article 324 to be suggestive or recommendatory entitled to due weight and utmost consideration. " 8. It was also observed by the Division Bench in the above mentioned case that the provisions of Arms Act and Cr PC are independent of each other. " 8. It was also observed by the Division Bench in the above mentioned case that the provisions of Arms Act and Cr PC are independent of each other. The judgment was concluded with the directions as quoted below: "it is for these reasons that we have passed the order indicated earlier allowing the writ peti tions and Quashing the impugned order dated October 18, 1993 and leaving it open to the District Magistrate to take appropriate action according to law in future. " 9. Sri Mohd. Arif Khan who is ap pearing as Counsel for the petitioner of Writ Petition No. 2463 of 1999, who had in fact filed the above mentioned writ peti tion personally, has submitted that in the above writ petition although a Special Leave Petition has been filed before Honble Supreme Court but no interim order has been granted in that case by the Apex Court and hence the District Magistrate in liable to take action accord ing to the directions given in the above writ petition and the State Government is bound to follow the orders passed in the case of Mohd. Arif Khan (supra) and in the light of the observations made in the above mentioned case a direction is li able to be issued by this Court to the District Magistrate to take action in ac cordance with the above mentioned judgment and citizen in general having fire-arm licences may not be compelled to deposit their fire-arms inasmuch as oral direction or the written direction in general would be illegal as no law provides to take such action. 10. I have perused the provisions of the Af TIS Act, 1959 specially in respect of deposit of arms in possession of a person. 10. I have perused the provisions of the Af TIS Act, 1959 specially in respect of deposit of arms in possession of a person. The provisions of Section 21 of the Arms Act hereinafter referred to as the "act" are quoted below: " (1) Any person having in his possession any arms or ammunition the possession whereof has, in consequence of the expiration of the duration of a licence or of the suspension or revocation of a licence or by the issue of a notification under Section 4 or by any reason whatever, eased to be lawful, shall without un necessary delay deposit the same either with the officer incharge of the nearest police station or subject to such conditions as may be prescribed, with a licensed dealer or where such person is a member of the armed force or the Union, in a unit armoury. (2) Where arms or ammunition have or has been deposited under sub-section (1) the depositor or in the case of his death, his legal representative shall, at any time before the ex piry of such period as may be prescribed, be entitled- (a) to receive back anything so deposited on his becoming entitled by virtue of this Act or any other law for the time being in force to have the same in his possession, or (b) to dispose, or authorise the disposal, of anything so deposited by sale or otherwise to any person entitled by virtue of this Act or any other law for the time being in force to have, or not prohibited by this Act such other law from having the same in his possession and to receive the proceeds of any such disposal: Provided that nothing in this sub-section shall be deemed to authorise the return or disposal of anything of which confiscation has been directed under Section 32. (3) All things deposited and not received back or disposed of under sub-section (2) within the period therein referred to shall be forfeited to Government by order of the District Magistrate. Provided that in the case of the suspension of a licence no such forfeiture shall be ordered in respect of a thing covered by the licence during the period of suspension. Provided that in the case of the suspension of a licence no such forfeiture shall be ordered in respect of a thing covered by the licence during the period of suspension. (4) Before making an order under sub section (3) of the District Magistrate shall be notice in writing to be served upon, the depositor or in the case of his death, upon his legal representative, in the prescribed manner, require him to show-cause within thirty days from the service of a notice why the things specified in the notice should not forfeited. (5) After considering the cause, if any, shown by the depositor or as the case may be, his legal representative, the District Magistrate shall pass such order as he thinks fit. (6) The Government may at any time return to the depositor or his legal repre sentative things forfeited to it or the proceeds of disposal thereof wholly or in part. " 11. Besides the above, provisions of Sections 24, 24-A and 24-B are also relevant which are quoted below: 24. Seizure and detention under orders of the Central Government.-The Central Government may at any time order the seizure of any arms or ammunition in the possession of any person, notwithstanding that such persons is entitled by virtue of this Act or any other law for the time being in force to have the same in his possession and may detain the same for such period as it thinks necessary for the public peace and safety. 24-A Prohibition as to possession of notified arms in disturbed areas etc.- (1) Where the Central Government is satisfied that there is extensive disturbance of public peace and tran quillity or imminent danger of such disturbance in any area and that for the prevention of offen ces involving the use of arms in such area, it is necessary or expedient so to do, it may by notification in the Official Gazette- (a) specify the limits of such area; (b) direct that before the commencement of the period specified in the notification (which period shall be a period commencing from a date not earlier than the fourth day after the date of publication of the notification the Offi cial Gazette), every person having in his posses sion in such area any arms of such description as may be specified in the notification (the arms so specified being hereinafter in this section referred to as notified arms) shall deposit the same before such commencement in accord ance with the provisions of Section 21 and for this purpose the possession by such person of any notified arms shall, notwithstanding any thing contained in any other provisions of this Act (except Section 41) or in any other law for the time being in force, as from the date of publication such notification in the Official Gazette be deemed to have ceased to be lawful; (c) declare that as from the commence ment of and until the expiry of, the period specified in the notification, it shall not be lawful for anyperson to have in his possession such area any notified arms; (d) authorise any such officer subordinate to the Central Government or a State Govern ment as may be specified in the notification; (1) to search at any time during the period specified in the notification any person in, or passing through, or any premises in, or any animal or vessel or vehicle or other conveyance or other container of whatever nature in, such area if such officer has reason to believe that any notified arms are secreted by the person or in such premises or on such animal or in such vessel, vehicle or other conveyance or in such receptacle or other container; (ii) to searze at any time during the period specified in the notification any notified arms in the possession of any person in such area or discovered through a search under sub-clause (I) and detain the same during the period specified in the notification. (2) The period specified in a notification under sub-section (1) in respect of any area shall not, in the first instance, exceed ninety days, but the Central Government may amend such notification to extend such period from time to time by any period not exceeding ninety days at any one time if, in the opinion of that Govern ment, there continued to be in such area such disturbance of public peace and tranquillity as is referred to in sub-section (1) or imminent danger thereof and that for the prevention of offences involving the use of arms in such area it is necessary or expedient so to do. (3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to searches shall so far as may be apply to any search or seizure made under sub-section (1 ). (4) For the purposesof this section- (a) "arms" includes ammunition, (b) where the period specified in a notification as originally issued under sub-sec tion (1), is extended under sub-section (2) then, in relation to such notification reference in sub section (1) to "the period specified in the notification" shall be construed as references to the period as so extended. (4) For the purposesof this section- (a) "arms" includes ammunition, (b) where the period specified in a notification as originally issued under sub-sec tion (1), is extended under sub-section (2) then, in relation to such notification reference in sub section (1) to "the period specified in the notification" shall be construed as references to the period as so extended. 24-B. Prohibition as to carrying of notified arms in or through public places in disturbed areas etc.- (1) Where the Central Government is satisfied that there is extensive disturbance of public peace and tranquillity or imminent danger of such disturbance in any area and that for the prevention of offence involving the use of arms in such area it is necessary or expedient so to do, it may, by notification in the Official Gazette- (a) specify the limits of such area, (b) direct that during the period specified in the notification (which period shall be a period commencing from a date not earlier than the second day after the date of publication of the notification in the Official Gazette), no per son shall carry or otherwise have in his posses sion any arms of such description as may be specified in the notification (the arms so specified being hereafter in this section referred to as notified arms) through or in any public place in such area; (c) authorise any such officer subordinate to the Central Government or a State Government as may be specified in the notification- (1) to search at any time during the period specified in the notification any person in or passing through or any premises in or forming part of or any animal or vessel or vehicle or other conveyance or whatever nature, in or passing through, or any receptacle or other container of whatever nature in any public place in such area if such officer has reason to belief that any notified arms are secreted by such person or in such premises or on such premises or on such animal or in such vessel, vehicle or other con veyance or in such receptacle or other con tainer; (ii) to seize at any time during the period specified in the notification any notified arms being carried by or otherwise in the possession of any person, through or in a public place in such area or discovered through a search under sub-section (1) and detain the same during the period specified in the notification. (2) The period specified in a notification issued under sub-section (1) in respect of any area shall not in the first instance, exceed ninety days, but the Central Government may amend such notification to extend such period from time to time by any period not exceeding ninety days of any one time if, in the opinion of that Government, there continue to be in such area such disturbance of public peace and tranquil lity as is referred to in sub-section (1) or im minent danger thereof and that for the preven tion of offences involving the use of arms in such area it is necessary or expedient so to do. (3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures shall, so far as may be, apply to any search or seizure made under sub section (1 ). (4) For the purpose of this section- (a) "arms" includes ammunition. (b) "public place" means any place in tended for use by, or accessible to, the public or any section of the public; and (c) where the period specified in a notification, as originally issued under sub-sec tion (1) is extended under sub-section (2), then, in relation to such notification, reference in sub section (1) to "the period specified in the notification" shall be construed as references to the period as to extended. 12. A perusal of Section 21 shows that in case of expiration of duration of a licence or of suspension or revocation of a licence or by the issue of a notification under Section 4 or by any reason whatever, ceased to be lawful shall without unneces sary delay deposit the same either with the officer incharge of the nearest police sta tion or subject to such conditions as may be prescribed, with a licensed dealer. 13. 13. Reference of Section 4 of the Arms Act has been given in Section 21 hence the provision of Section 4 is also liable to be perused which is quoted below:- "licence for acquisition and possession of arms of specified description in certain case.-If the Central Government is of the opinion that having regard to the circumstances prevailing in any area it is necessary or expedient in the public interest that the acquisition, possession or carry ing of arms other than fire-arms should also be regulated, it may, by notification in the Official Gazette, direct that this section shall apply to the area specified in the notification and thereupon no person shall acquire, have in his possession or carry in that area arms of such class or descrip tion as may be specified in that notification un less he holds in this behalf a licence iissued in accordance with the provisions of this Act and the rules made thereunder. " 14. Section 4 relates to the statutory powers conferred upon the Central Government, hence, it is not relevant in the instant cases. 15. Likewise, Section 24 of the Act also relates to Central Government hence the same is also not relevant. Section 24-A empowers the Central Government that if they are satisfied that there is extensive disturbance of public peace and tranquillity or imminent danger of such disturbance in any area it may direct that every person having in his pos session in such area any arm of such description as may be specified in the notification shall deposit the same. The Central Government may also authorise any such officer, such officer subordinate to the Central Government or State Government to search or to cease the firearms. 16. Section 24-B also provides that where Central Government is satisfied that there is extensive disturbance of public peace and tranquillity or imminent danger of such disturbance in any area they may specify the limits or such area or direct that during the period specified in the notification, no person shall carry or otherwise have in his possession any arm of such description as may be specified in the notification through or in any public place in such area. 17. 17. All these sections are related to the Central Government and no such case has been brought by the respondents that the Central Government has declared any area in Uttar Pradesh as disturbed area or passed any order under Sections 4, 24, 24-A or 24-B of the Act. 18. In respect of Section 21 of the Act, from the perusal of the same it is clear that the same is applicable to individual and not in general. The words "by any reason whatever" have been used which means that whatever reason may exist the posses sion of any arms or ammunition ceased to be lawful the same shall be deposited without unnecessary delay by that person. It cannot be made applicable in general. 19. Section 17 of the Act empowers the licensing authority to vary the condi tion subject to which a licence has been granted except such of them as have been prescribed and may for that purpose re quire the licence holder by notice in writ ing to deliver up the licence to it within such time as may be prescribed in the notice. But this section is also not ap plicable in general and the licensing authority can only after application of its mind may pass orders in the case of individual. However, Section 17 of the Act is quoted below: Section 17. Variation suspension and revocation of licence.- (1) The licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the licence holder by notice in writing to deliver-up the licence to it within such time as may specifies in the notice. (2) The licensing authority may, on the application of the holder of a licence, also vary condition of the licence except such of them as have been prescribed. (3) The licensing authority may by order in writing suspend a licence for such periods as it thinks fit or revoke a licence. (2) The licensing authority may, on the application of the holder of a licence, also vary condition of the licence except such of them as have been prescribed. (3) The licensing authority may by order in writing suspend a licence for such periods as it thinks fit or revoke a licence. (a) if the licensing authority is satisfied that the holder of a licence is prohibited by this act or by any other law for the time being in force, from acquiring having in his possession or carrying any arms or ammunition, or is of un sound mind, or is for any reason unfit for a licence under this Act, or (b) if the licensing authority deems it necessary for the security of the public peace or for the public safety to suspend or revoke the licence, or (c) if the licence was obtained by the sup pression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for it, or (d) if any of the conditions of the licence has been contraband, or (e) if the holder of the licence has failed to comply with a notice under sub-section (1) re quiring him to deliver-up the licence. (4) The licensing authority may also revoke a licence on the application of the holder thereof. (5) Where the licensing authority makes an order varying a licence under sub-section (1) or an order suspending or revoking a licence under sub-section (3), it shall record in writing the reasons therefor and furnish to the holder of the licence on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish statement. (6) The authority to whom a licensing authority is subordinate may by order in writing suspend or revoke a licence on any ground on which it may be suspended or revoked by the licensing authority and the foregoing provisions of this section shall, as far as may be, apply in relation to the suspension or revocation of a licence by such authority. (7) A Court convicting the holder of a licence of any offence under this Act or the rules made thereunder may also suspend or revoke the licence. (7) A Court convicting the holder of a licence of any offence under this Act or the rules made thereunder may also suspend or revoke the licence. Provided that if the conviction is set aside on appeal or otherwise, the suspension or revocation shall become void. (8) An order of suspension or revocation under sub-section (7) may also be made by an appellate Court or by the High Court when exercising its powers of revision. (9) The Central Government may, by order in the official Gazette, suspend or revoke or direct any licensing authority to suspend or revoke all or any licence granted under this Act throughout India or any part thereof. (10) On the suspension or revocation of a licence under this Section the holder thereof shall without delay surrender the licence to the authority by whom it has been suspended or revoked or to such other authority as may be specified in this behalf in the order of suspension or revocation. " 20. In the instant matter this Court has noticed that citizens possessing fire arms licences are being compelled to deposit their fire-arm without any written order or even if there is a written order, the same cannot be made applicable in general. That can be made applicable only after application of mind and that too in individual cases in accordance with law. No law permits of general orders in respect of deposit of fire-arm on the direction of the State House Officer of the police sta tion or even by order of the District Magistrate. 21. Now, it is important to note that we have the largest democratic set up in the world and elections are its constitu tional function. But in the garb of elections the very purpose of grating fire-arm licen ces for self defence and personal security cannot be taken away from the bona fide licence holders of fire- arms which is against the law, makes it clear that rights to self defence, personal security and protec tion of life is the basic criteria and these rights cannot and should not be taken away by sweepingly ordering the deposit of fire arms during the elections putting the life and security of all and sundry who holds the arm licences in imminent dangers without following the provisions of law. 22. 22. Considering the facts and cir cumstances of the case these writ petitions are disposed of with the following direc tions : (1) A writ in the nature of mandamus commanding the State of U. P. is issued directing that the citizens who have valid fire-arm licences including the petitioners may not be compelled to deposit their fire- arms in general merely on the basis that Lok Sabha Election is to be held in near future. (2) It is also directed that no District Magistrate or District Superintendent of Police or any officer subordinate to them shall compel the citizen in general to deposit their fire-arm unless there is an order of the Central Government as indi cated in the body of the judgment. (3) The decision made in the case of Mohd. Arif Khan v. District Magistrate (supra), by the Division Bench of this Court shall be followed by the State Government and its officers posted in the districts within the State of U. P. 23. However, the above directions shall not preclude the competent of ficer/authority to pass orders prohibitory orders in individuals cases or in general under the provisions of Arms Act or Code of Criminal Procedure, 1973 after applica tion of mind in accordance with law. 24. In Writ Petition No. 2456 (M/s) of 1999, renewal of fire-arm licence is not being considered on the ground of Lok Sabha Elections. The District Magistrate concerned is directed to consider the renewal ignoring the fact that there is Lok Sabha Elections, within a period of one month from the date production of a cer tified copy of this order. 25. These writ petitions are disposed of in terms of the directions made here-in-above. A copyof this order shall besentto all the District Superintendent of Police and the District Magistrate in the State of U. P. to ensure compliance of this order by the Registry of this Court. A copy of this order shall also be given to the learned standing Counsel free of cost within 24 hours. Petition disposed of. .