Arms License Can Be Cancelled During Pendency Of Criminal Case If Conduct Detrimental To Public Peace, Safety: Allahabad High Court

The Lucknow Bench of the Allahabad High Court has upheld the cancellation of firearms license on grounds that categorically factual findings were recorded by the authority regarding the conduct of the petitioner being detrimental to public peace and safety.

The Court observed that Section 17 of the Arms Act, 1959 empowers the licensing authority to vary the conditions of the firearm license granted. The licensing authority also has the power to suspend or revoke firearm license if, inter alia, licensing authority is satisfied that the suspension or revocation is necessary for the security of the public peace or for public safety.

The Court held that the decision of the Allahabad High Court in In re: Ram Pratap Singh Vs. State of U.P and Ors where it had been held that mere pendency of criminal proceedings is not a ground for cancellation of firearm license, will not be applicable where the licensing authority has objectively considered the facts of the case and passed an order of cancellation.

“These all are the findings of fact and in the absence of anything to show that the aforesaid inference drawn by the competent authority is per se illegal, the Court does not find any reason to interfere with the same as if sitting in appeal, since the scope of judicial review in such matters in exercise of power under Article 226/227 of Constitution of India is very limited and narrow,” held Justice Abdul Moin.

Factual Background

Petitioner's arm license was renewed till 2025, however, it was cancelled in 2021 by the competent authority on the recommendation of Police Station Katra Bazaar. Certain FIRs were filed under IPC, Criminal Law Amendment Act, 1972 and Public Properties Act, 1984, where the petitioner claims to not be named which led to the cancellation of license. The appellate authority upheld the order of cancellation of arms license.

Relying on the decision of the Allahabad High Court in In re: Ram Pratap Singh Vs. State of U.P and Ors, counsel for petitioner contended that pendency of criminal proceedings is no ground for cancellation of arms license.

Per contra, the standing counsel argued that there was specific finding of the competent authority that continuance of arms license with petitioner would be detrimental to public peace and public safety.

High Court Verdict

The Court observed that it is settled law that arms license cannot be cancelled on grounds of pendency of criminal case. However, where there is a specific finding of fact by the competent authority that firearm license with the person shall be detrimental to public peace and safety, the cancellation is valid.

The Court observed that in a area where order under Section 144 CrPC had been issued, the petitioner is charged for spreading rumors, stood with his firearm and hampered the traffic movement in the middle of the night. Accordingly, the conduct of the petitioner was found to be a threat to public peace and for public safety which entailed the competent authority to cancel the arms license.

The Court further observed that though the person had pleaded that he was not present on the spot, he had failed to plead and prove any malafide intent on part of the authorities who levelled such charges him.

The Court held that since the objective satisfaction of the licensing authority was recorded in the cancellation order, the same was valid. Accordingly, the writ petition was dismissed.

Case Title: Raj Kumar Gautam vs. State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others 2024 LiveLaw (AB) 69 [WRIT - C No. - 1614 of 2023]

Case citation: 2024 LiveLaw (AB) 69

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