Court Can't Interfere In Rejection of Grant of Fresh Application / Refusal / Renewal of License For Firearms Except Extraordinary Circumstances
Submissions Made By Counsel For Petitioner &
Respondent In High Court For Judicature of Rajasthan At Jodhpur
Learned counsel for the respondents submits that
there is no absolute right of any person to acquire an arms license and the
respondents have every right to objectively decide each case, while taking into
consideration the past record of the person seeking such license as well as the
pendency of proceedings, if any.
Learned counsel for the petitioner at this
stage, submits that it would be sufficient if the respondents are directed to
pass fresh orders on the petitioners’ cases individually, while keeping in the
view the judgment rendered by a Division Bench of this Hon’ble Court in Khem Singh Vs. State of Rajasthan &
Ors. reported in 2005 (2) Cr. L.R. (Raj.) 907. This Court’s attention is drawn
to Para 5 of Khem Singh (supra).
“Mere fact that some reports have been lodged
against the license holder is not sufficient for cancelling the license. A
license can be revoked u/s.17 (3) if the licensing authority deem it necessary
for the security of public peace or public safety. In absence of any finding
that cancellation was necessary for public peace or public safety, such an
order is liable to be quashed.”
Learned counsel for the petitioner also drew
the attention of this Court towards two orders passed in Sarjeet Singh Vs.
State of Rajasthan & Ors. SB Civil WP No. 110/2011 and Gurdev Singh Vs.
State of Rajasthan & Ors. SB Civil WP No.5681/2005 this Court passed in
2014, and 2016 respectively. In Sarjeet Singh (supra), the Court observed the
following –
“There remains no quarrel in the legal position
that pendency of a criminal case cannot be cited as aground for cancellation /
suspension of Arms License under Section 17 of the Arms Act 1959 (for short
‘the Act of 1959’). The Division Bench of this Court in Khem Singh Vs. State of
Rajasthan & Ors. has held that pendency of criminal case against an
incumbent is not a ground of cancellation of Arms License under Section 17(3)
(B) of the Act of 1959. The Court has further held that in absence of any
finding that cancellation was necessary for public safety such order cannot be
sustained.”
Observations
& Order of Court
The Rajasthan High Court opinioned that any
interference in rejection of grant of fresh application / refusal / renewal of
license for firearms is not warranted except when extraordinary circumstances
are pointed out. Before making this opinion, court referred the section 17 of
the Arms Act, 1959, which talks about Variation, suspension and revocation of
licences.
Looking into the submission made by learned counsel
for the parties that it would be suffice if their rights are redetermined by
the respondents, while keeping into consideration the judgment rendered in Khem
Singh (supra), the same is accepted ; ordered by Court.
Court further directed that the petitioner shall
file a fresh representation within a period of 15 days from the date of
obtaining the certified copy of this order and the representation shall be
considered afresh by the respective District Magistrate by passing speaking
orders, while keeping in mind the relevant aforementioned judgments, the
existing policy of the State, strictly in accordance with law.
Case No. S.B. Civil Writ Petition No. 7422/2022
Article Written By: Mr. Raman Sharma (CS, LLB, DIM,
B.Com)
Contact: barristerramansharma@gmail.com
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