Pinaki Das v. The State Of West Bengal And ORS

OD 3 WPO/256/2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE PINAKI DAS VS THE STATE OF WEST BENGAL AND ORS

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date: 26th April, 2024.

Appearance:

Mr. Debanik Banerjee, Adv.

Mr. Steven S. Biswas, Adv.

Mr. Aakash Ganguly, Adv.

. . .for the petitioner.

Ms. Sonal Sinha, Adv.

Mr. Avisekh Prasad, Adv.

. . .for the respondents.

The Court: Learned counsel for the petitioner submits that the petitioner has applied for a small arms licence. However, the same has not been processed by the respondent authorities. Learned counsel for the State places reliance on a Circular issued by the Election Commission of India on June 8, 2023 in view of the intending General Elections, Clause (c) of which imposes a ban on carrying of licenced arms during the period from the announcement of the election till declaration of the results. Learned counsel for the State submits that the results of the ongoing General Elections are due to be declared on 4th June, 2024.

Accordingly, WPO 256 of 2024 is disposed of by directing the respondent authorities to process the application of the petitioner immediately after June 4, 2024 and complete the entire process within four weeks thereafter. Upon such processing being concluded, the respondent shall take a decision on the same and intimate the outcome to the petitioner. In the event the outcome goes in favour of the petitioner, the gun licence shall be issued to the petitioner as soon thereafter as possible.

No order as to costs.

Urgent certified website copy of this order, if applied for, be made available to the parties subject to compliance with the requisite formalities. (SABYASACHI BHATTACHARYYA, J.) SP/