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Lok Sabha elections: Kerala High Court says no blanket order can be passed for surrender of licenced arms

The Court noted that the circular issued by the ECI has also indicated a non-exhaustive list of cases where the surrender of arms would be required.

In the case of the petitioners, the Court noted that the screening committee had not considered whether the petitioners had any history of criminal activity or rioting.

It also noted that most of the petitioners were farmers who need to protect their lives and livelihoods from the rising threat of wild animals.

Unless the surrender of arms is reasonably necessary in the light of the parameters provided by the Election Commission, there cannot be blanket directions to surrender Arms, the Court added.

Therefore, it directed the screening committee to reconsider the matter as per the provisions of the Arms Act and the circulars issued by the ECI, after obtaining necessary inputs from the police.

Until fresh decisions are taken, status quo shall be maintained, the Court ordered.

Source: Barandbench

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