In Punjab, questions raised over orders on depositing arms ahead of Lok Sabha elections

In 2009, the Bombay High Court had said that authorities cannot issue a blanket order asking every citizen to deposit his/her licensed weapon before elections. The order asking a person to deposit arms can be issued by the licensing authority (the police, in most cases) only after the case is individually examined by a screening committee, the court had said in its order. The same year, the ECI had issued instructions to implement the court order.

“Analysing individual licensees is humanly impossible in a state like Punjab,” state chief electoral officer (CEO) Sibin C said. “Anyone who wants exemptions can apply to the screening committee…ECI has given the go-ahead to the existing system,” he added.

In Fazilka, the DEO recently ordered all licensed firearm holders in the district to deposit their weapons. He said that it was mandatory for licensed firearm holders to deposit their weapons with the nearby police station or the authorised firearm dealer after stating the reasons. Those who violate the orders issued under Section 144 of the Criminal Procedure Code will face strict action, according to the law, the order said. Similar orders have been issued by other DEOs.

“Many people live outside the villages, in hamlets. Incidents of crime are increasing in the state. It could be life-threatening to surrender the weapons for two months,” said Bhartiya Kisan Union (BKU) Moga district president Bhupinder Singh. The BKU Lakhowal unit in Moga district recently demanded that the district administration withdraw the blanket orders.

“I have procured the arms licence for my safety after depositing the requisite fee and fulfilling all the formalities as per guidelines of the government, including police verification, dope tests etc. Today the administration is demanding we deposit the arms to maintain law and order during elections. On what basis has the administration concluded that if I keep my licensed arms with me, it is a danger to law and order?” asked Bathinda Right to Information (RTI) activist Harmilap Grewal.

According to Election Commission data, ahead of the Assembly elections in Punjab in 2022, more than 3.90 lakh weapons were deposited across the state after the model code of conduct was imposed. The highest number of arms – 41,694 – was deposited in Amritsar, which has a population of 26,52,112 as per the 2011 Census, whereas, 25,042 weapons were deposited in Bathinda, which has a population of 13,88,525.

The issue recently came up before the Allahabad High Court in Uttar Pradesh, which heard a matter related to general orders being issued directing people to deposit their licenced weapons ahead of the upcoming Lok Sabha elections. On April 1, the high court said that people would not be required to deposit their weapons. If there is a risk of law and order disturbance from anyone, a screening committee can be formed and they can be asked to deposit their weapons after stating the reasons, the court said, hearing a petition filed by Ravishankar Tiwari and others on March 22.

What the EC’s 2022 letter said

On April 28, 2022, the Election Commission of India issued a letter to all states and Union Territories, saying, “It has been brought to the notice of the Commission that the procedure laid by it for the deposition of arms is not being followed strictly. In some cases, arms licensed holders are made to deposit their arms without any screening/scrutiny of the arms done by the Screening Committee.”

The ECI, in pursuance of the directions issued by the Bombay High Court, had issued instructions on September 1, 2009, on depositing arms. According to these instructions, a screening committee should be constituted in every district consisting of the district magistrate and the superintendent of police or the commissioner of police and joint or additional commissioner of police. The EC had directed in the letter that it should be ensured in the future that the procedure contained under ‘Deposition of Licensed Arms’ laid by the Commission vide its instruction dated September 1, 2009, be followed letter and spirit during the elections.