The HC judgment came while hearing two petitions filed by Vijay Patil and Sheetal Patil. They had challenged April 2014 orders by a Satara magistrate to deposit their licenced weapons with the local police station in view of the then ensuing elections to the Lok Sabha in May 2014. The state had framed guidelines requiring licence holders to deposit weapons, the police said, but the petitioners said no such general guidelines could have been passed.
They questioned the magistrate's order as being "illegal" and also in contravention of the directives of the Election Commissioner issued in March 1996.
But observing ''anomalies'' in the guidelines framed by the state in 2009, a bench of Justices Abhay Oka and A S Chandurkar said the 1996 EC directives had sought individual review of each case of licensed arms before elections in cases where the weapons owner is a habitual criminal, out on bail, a rioter and to impound the weapons if needed, to ensure free and fair elections. But the state's guidelines lacked exhaustive provisions and did not seek to comply with the EC directives in spirit, the HC found. In the Satara cases, it found that no individual review was carried out and despite no provision for a blanket ban, the review committee headed by a magistrate issued such a ban.
The HC thus set aside orders passed in April 2014 by the additional District Magistrate, Satara in the two petitions.
The HC observed that no guidelines existed in the state for screening committees and hence directed the state Home Department to now frame fresh guidelines within six weeks also for the functioning of screening committees for review of licenced arms holders. The HC disposed of both petitions but posted the matter for a compliance report on September 22.
The committee will have to peruse the record of all licence holders. The Committee should have access to the police record of all the licence holders. The guidelines should provide that a detailed review and assessment of individual cases be made. Considering its nature of work and the duty assigned to it, it is necessary that the State Government frames appropriate guidelines with regard to functioning of the Screening Committee, the HC bench of Justices Abhay Oka and A S Chandurkar said.
The guidelines are to ensure that the screening committee which would assess individual cases must "function in a responsible and transparent manner," the judgment said. This would also ensure compliance with the directions issued by the Election Commission under Article 324 of the Constitution of India.
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