Can an Arms License be refused on the ground of Absence of Threat? HC says NO,

 The Gujarat High Court's single-judge bench of Justice A.S. Supehia in the case of Khanji Mohammad Saiyed Gularmasool Vs Additional District Management held that the reason for refusal of license should have a connection and should be in context with the provision of the act and the license cannot be revoked on irrelevant consideration. 

The factual matrix of the case is that the petitioner on 30.09.1997, was granted the license to hold the firearm in accordance with the provisions of the Arms Act. On 31.12.2020, the license to hold the firearm got expired. Thereafter, the petitioner filed an online application for the renewal of the license and also paid Rs 2,500 towards the renewal fees. The respondent called upon the petitioner to be present on a personal hearing dated 23.11.2020 and the petitioner was present on the said date.

The respondent after a long period of 10 months passed the impugned order to revoke the license of the petitioner and directed him to deposit the firearm with the concerned police station to get it disposed of within one year. The two extraneous grounds on which the revocation of the license was given were that the applicant hasn’t received any threat and there is no incident of assault on him.  Further, there is an availability of telephones he can anytime call the police station for assistance.

 

The learned counsel appearing on behalf of the petitioner contended that respondent no. 1 while passing the impugned order has failed to exercise the above jurisdiction and if this order is allowed to stand then this will be a grave miscarriage of justice. The counsel further submitted that the respondent has committed a grave error in neglecting the statutory provisions, more particularly, section 17 of the Arms Act, 1959 which specifies the ground to revoke the license

The learned counsel, Mr. Hardik Mehta appearing on behalf of the respondents contended that the petitioner can also challenge the impugned order by filing an appeal before the secretary, home department, and since he has not availed the other remedy, the writ petition should not be entertained.

The Gujarat High Court in this case held that the revocation of the license on the two grounds mentioned is completely illegal and violates Section 17(3) of the Act. The reasons for a license refusal should have been documented in a link and should be in relation to the provisions of the Act and the Licenses cannot be revoked for insignificant reasons.

Thereafter, the order passed by the respondent authority is hereby quashed and set aside.

CASE TITLE- Khanji Mohammad Saiyed Gularmasool Vs Additional District Management  

CASE DETAILS- C/SCA/352/2022

CORAM- Justice A.S. Supehia

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(With input from news agency language)

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