Khursheed Ahmad v. State of U. P. Thru. Prin. Secy. , Home
2015-11-26
DEVENDRA KUMAR UPADHYAYA
body2015
DigiLaw.ai
JUDGMENT Devendra Kumar Upadhyaya, J. Heard learned counsel for petitioners and Shri Saurabh Lavania, learned counsel appearing for the State Election Commission. 2. The issue involved in this petition has been settled by the judgement and order dated 07.10.2015 passed by this Court in the bunch of writ petitions, leading writ petition being Writ Petition No.5942 (M/S) of 2015 wherein certain directions have been issued to all the District Magistrates, Senior Superintendents of Police and Superintendents of Police in the State of U.P. The operative portion of the aforesaid judgment is quoted below: - "In view of the above, all the District Magistrates, Senior Superintendents of Police (SSPs) and Superintendents of Police (SPs) of U.P. and their subordinate officers are directed to comply with the guidelines of the Election Commission dated 28.8.2015, G.O. dated 29.9.2015 as also the directions of this court dated 6.10.2015 quoted hereinabove in letter and spirit, and not to force the petitioners/licence holders to deposit their licenced arms without a decision having been taken in this regard as per the procedure referred hereinabove by the competent authority and the same having been communicated to the concerned individual. It is made clear that this court has not adjudicated the antecedents of the petitioners herein as to whether they are involved in any criminal activity and whether they fall in any of the categories mentioned in the guidelines of the Election Commission and are liable to deposit the weapon or not. It is open for the Screening Committee and the licencing authority to take appropriate decision in this regard, as aforesaid. Subject to the above, these writ petitions are disposed of with the aforesaid directions. Sri Mohd. Mansoor, learned Standing Counsel shall communicate this judgment to the competent authority in the State Government for being circulated to all the District Magistrates, Senior Superintendents of Police (SSPs) and Superintendents of Police (SPs) of the State for compliance. A copy of this order be provided to the learned counsel for the parties today itself on payment of requisite charges as per Rules". 3. Accordingly, this petition is disposed of with the direction that benefit of the aforesaid order dated 07.10.2015 passed in the bunch of writ petitions, leading writ petition being Writ Petition No.5942 (M/S) of 2015 shall also be made available to the petitioners.