Allahabad HC Bars Lawyers/ Litigants From Carrying Arms Inside Court Premises In UP, Asks Judicial Officers To Lodge FIR In Case Of Violations

The bench comprising of Justice Pankaj Bhatia observed that despite a specific bar in Rule 614-A of The General Rules (Civil) on carrying of arms in the Court premises and directions by the Allahabad High Court in PIL No.2436 of 2019 In Re Suo Moto Relating to Security and Protection in All Court Campuses in the State of U.P., firearms were being carried within the premises of the Court.

Accordingly, the Court issued the following directions:

“1) All the District Judges and all the Judicial Officers working in the entire State of Uttar Pradesh shall take steps for registration of the cases under The Arms Act against any person whether it is a litigant or a lawyer carrying arms within the Court premises and shall forward a request to the District Magistrate/Licensing Authority of the concerned area for taking immediate steps for cancellation of the arms license.

2) The District Judges and the Judicial Officers as well as the Security In-Charge of the District Courts are bound to take steps for registration of FIRs/complaints against the person carrying arms within the Court premises as defined under Explanation II to Rule 614-A of The General Rules (Civil) and to forward such report to the Licensing Authority for taking immediate steps for cancellation of the arms license.

3) The Licensing Authority under the Arms Act shall stake steps for cancellation of the arms license in respect of a person found or alleged to be carrying arms.

4) Any person found carrying 'Arms' in the entire Court premises including common areas, Court rooms, lawyers' chambers, Bar Associations, Canteens and other public areas within the entire Court premises would be deemed to be constituting breach of 'public peace' or 'public safety' for the purpose of exercise of powers under Section 17(3)(b) of the Arms Act.”

The Court directed the Registrar General to place a copy of the order before all concerned Judicial Officers in the State as well as to Secretary, Home, State of U.P. for compliance as well as to Bar Council of India and Bar Council of the State for taking steps for sensitizing lawyers for not carrying Arms in the Court Premises.

Case Title: Amandeep Singh v. State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others [WRIT - C No. - 2461 of 2023]

Case Citation: 2023 LiveLaw (AB) 503