RAJESH SHANKAR,J. - (1.) The present interlocutory application has been filed on behalf of the petitioner for amendment in the present writ petition seeking challenge to memo No. 1277 dated 18.11.2019 (Annexure-14 to the present interlocutory application) whereby the petitioner has been communicated by the office of the Deputy Commissioner, Ranchi that his application for seeking exemption from depositing the licensed arms during the ensuing Jharkhand Legislative Assembly Election, has been rejected and he has been directed to deposit the same by 28.11.2019.
(2.) Having heard learned counsel for the parties and keeping in view that the decision as contained in memo No. 1277 dated 18.11.2019 is a subsequent event and the proposed amendment will not change the nature of the present writ petition, the petitioner is allowed to challenge the decision as contained in memo No. 1277 dated 18.11.2019. Let necessary insertion in the relevant part of the present writ petition be carried out by learned counsel for the petitioner in course of the day. The present interlocutory application stands disposed of.
(3.) The present writ petition has been filed for issuance of direction upon the respondents to forthwith relax the direction as contained in memo No. 1230 dated 17.10.2019 (Anneuxre-9 to the writ petition) issued by the respondent No.1, which is general press release, for depositing the licensed arms to the concerned P.S/O.P/authorised arms dealer in the district of Ranchi for conducting fair, peaceful and fearless Legislative Assembly Election in Jharkhand so far as the same relates to the petitioner. 2. By way of I.A. No. 10965/2019, the petitioner has also challenged the decision of the Screening Committee as contained in memo No. 1277 dated 18.11.2019 (Annexure-14 to the said interlocutory application) whereby the applications of the petitioner seeking relaxation for retaining at least a single small arms have been rejected. 3. Learned counsel for the petitioner submits that the petitioner is engaged in the Real Estate Business and is the proprietor of Vihangam Builders and Developers Pvt. Ltd. The petitioner has several business rivals due to which he has serious life threat. The petitioner retains three arms licenses. First arms license was issued on 18.09.1998 for a single/double barrel gun bearing Licence No. 01/1998 (P.S-Kanke), second arms license was issued on 12.06.2002 for N.P. Bore Revolver/Pistol bearing License No. 01/2002 (P.S Kanke) and the third arms license was issued on 19.09.2003 for N.P. Bore Rifle bearing License No. 02/2003 (P.S-Kanke). All the said arms licenses have been renewed from time to time and are alive as on date. Earlier the petitioner was also provided personal bodyguard with Carbine arms as he was an active member of a political party. Subsequently, the said bodyguard was withdrawn by the government. Learned counsel for the petitioner further submits that during the Lok Sabha Election held in the year 2014, similar general direction was issued to all the arms licensees in Ranchi district and on an application preferred by the petitioner, the respondent authorities relaxed the said direction vide memo No. 906 dated 25.11.2014 (Anneuxre-6 to the writ petition) and he was allowed to retain all the said three licensed arms. Further, during the last Lok Sabha Election held in the month of April-May 2019, the petitioner was allowed to retain a small arms vide decision of the Committee headed by the Deputy Commissioner, Ranchi as contained in memo No. 614 dated 11.03.2019 (Annexure-8 to the writ petition). The petitioner is a law abiding citizen and he is not at all a threat to public peace. In fact, he had requested the respondent authorities during the said Lok Sabha elections to allow him to retain his licensed arms or at least a single small arms for the purpose of his personal safety and security. Learned counsel for the petitioner while referring to Annexure-13 series to the writ petition submits that due to threats received by the petitioner from few persons, he also filed Informatory Petition Nos. 172/2017 and 1207/2018 before the Court of the Chief Judicial Magistrate, Ranchi which were duly registered by the said Court vide order dated 28.02.2017 and 26.03.2018 respectively. It has also been submitted by the learned counsel for the petitioner that pursuant to issuance of the general notice for depositing the arms, the petitioner made two applications on 11.11.2019 & 20.11.2019 (Annexure-10 & 12 respectively) before the Deputy Commissioner, Ranchi seeking relaxation to retain at least a small arms (revolver/pistol) for the purpose of his personal safety and security. However, the application dated 11.11.2019 was arbitrarily rejected by the Screening Committee constituted under the order of the District Election Officer-cum-Licensing Officer (Arms)/the Deputy Commissioner, Ranchi vide impugned order dated as contained in memo No. 1277 dated 18.11.2019. Learned counsel for the petitioner while assailing the impugned order dated 18.11.2019, submits that the same is completely unreasoned. If the petitioner can be allowed to retain his licensed arms in the last two general elections, there is no justification in rejecting the petitioner's application dated 11.11.2019 by the Screening Committee on this occasion that too without assigning any reason whatsoever. Hence, the impugned order dated 18.11.2019 may be quashed and the Screening Committee may be directed to take a fresh decision in this regard considering the aforesaid aspect of the matter. The petitioner nonetheless has deposited all his three arms on 14.11.2019 itself before the Jharkhand Armoury, Arms and Ammunition Dealers, Indira Place, Hinoo, Ranchi.;