High Court of Punjab and HaryanaCWP/1173/2017disposed of

Bhupinder Singh And ANR. v. State Of Punjab And ORS.

2017-01-31Mr. Justice Arun Monga2 pages

CWP No.1173 of 2017 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.1173 of 2017 Date of Decision.31.01.2017 Bhupinder Singh and another .......Petitioner Vs State of Punjab and others ........Respondents

Present:

Mr. Harnaresh Singh Gill, Advocate for the petitioner.

Mr. Yatinder Sharma, Addl. A.G., Punjab.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J. (ORAL) Reply on behalf of the State has been filed and reliance has been made to Annexures R-2 and R-3/T.

The contention of Mr. Harnaresh Singh Gill is that the petitioner is having an arm licence issued way back in the year 1994, renewed from time to time. The elections are declared to be held in the State of Punjab on 04.02.2017. He received a letter (Annexure P-8) with some guidelines, according to which, the petitioner was required to deposit the licenced weapon.

The petitioner made applications dated 06.01.2017 (Annexure P-4) and 16.01.2017 (Annexure P-5) seeking exemption from the same as in the prevision elections also, he had been granted exemption. This fact is evident from the order passed by this Court in CWP No.1722 of 2012 dated 02.02.2012 (Annexure P-6) and as well as the order of the District Magistrate-cum-Election Officer, SAS Nagar dated 02.03.2012 (Annexure P-7) whereby the weapon was ordered to be released. Mr. Yatinder Sharma, Addl. A.G., Punjab ensures that the PANKAJ KUMAR 2017.01.31 16:38 I attest to the accuracy and integrity of this document

CWP No.1173 of 2017 -2representations of the petitioner qua granting exemption in exceptional circumstances as indicated in Annexure R-2 shall be considered and the same shall be decided within two days from today. Keeping in view the aforementioned fact, the writ petition is disposed of with a direction to respondent No.3 to decide the representations vide Annexures P-4 and P-5 regarding exemption from depositing the licenced weapon within two days from today, as the copy of the order is being handed over to the counsel appearing for the State under the signatures of Reader attached to this Court. The aforementioned procedure shall be followed by affording opportunity to the petitioner with liberty to place on record the material documents and circumstances to bring out the case within the exceptions as indicated under Annexure R-2.

(AMIT RAWAL) JUDGE January 31, 2017 Pankaj* Whether speaking/reasoned Yes Whether reportable No PANKAJ KUMAR 2017.01.31 16:38 I attest to the accuracy and integrity of this document