Arms licenses granted, refused without any rhyme or reason: HC
Allahabad HC directed the District Magistrate "to grant the licence to the petitioner unless there is something adverse against him like pendency of criminal case".
Allahabad: The Allahabad High Court has
expressed strong displeasure over grant of firearm licence on
"irrelevant recommendations, considerations and connections"
on applications by "respectable and peaceful" citizens who did
not have a criminal record, saying it could lead to the
tendency to possess unlicensed weapons.
"Sometimes, the court gets and impression that the
executive authorities are granting fire arm licences only on
irrelevant recommendations, considerations and connections.
In such a scenario, genuine licence seeker becomes a casualty.
....whenever the authorities want to grant firearm licence,
they grant without any rhyme or reason and similarly when they
want to reject application for grant of licence, they do it
without any rhyme or reason", Justice S U Khan said in a
judgement dated of December 03, 2010.
"Authorities who are responsible to consider the
application for grant of firearm licence do not realise that
criminals do not require any firearm license for committing
crime as they can very well use unlicensed fire arm.
"Only respectable and peaceful persons who require
licence. Moreover, unnecessary rejection of applications for
grant of firearm licence breeds a tendency to keep unlicensed
arms - a greater evil", Justice Khan said.
He said the authorities, while considering an application
for grant of licence shall keep only and only one criteria for
refusing to grant licence and that is pendency of some
"If there is neither anything good nor bad against a
person, then the license must be granted. Otherwise a tendency
to keep unlicensed arms will grow", the court added.
The order came on the writ petition of Pawan Kumar Jha, a
resident of Allahabad, whose application for firearm licence
was turned down on 27.10.1996, by the District Magistrate on
the ground that police had "not given any positive report for
grant of licence".
An appeal filed before the Division Commissioner too was
rejected in 1997 on the same ground, following which the
petitioner moved the court where he also furnished a copy of
the report from concerned police authorities wherein
recommendation had been given for grant of licence in his
Allowing the petition, the court directed the District
Magistrate "to grant the licence to the petitioner unless
there is something adverse against him like pendency of