Arms License Can't Be Denied Solely On Ground That Applicant Doesn't Have Specific Security Threat/ Imminent Danger: Patna High Court

The Patna High Court recently reiterated that an arms license to an individual cannot be denied solely on the ground that the applicant does not have any "specific security threat or imminent danger". 

Justice Mohit Kumar Shah set aside the orders of the District Magistrate, Khagaria and Divisional Commissioner, Munger that denied the arms license to the petitioner just because there was no threat to his life.

Referring to the high court's decision in State of Bihar & Ors. vs. Deepak Kumar (2019) and another decision, the court observed:

“however, this Court finds that the learned Division Bench of this Court, by a judgment dated 21.1.2019, passed in LPA No. 758 of 2018 (The State of Bihar & Ors. vs. Deepak Kumar) ((reported in 2019 SCC OnLine Pat 3759) as also in another appeal bearing LPA No. 459 of 2018 (State of Bihar & Others vs. Manish Kumar) has clearly held therein that absence of any specific security threat or imminent danger to an applicant cannot be a ground for rejection of the application of an applicant for grant of arms license inasmuch as, the same would be contrary to the intent of grant of license, as postulated by the Arms Rules, 2016.”

The petitioner argued that the order passed by the District Magistrate, Khagaria, would show that the application of the petitioner for grant of arms license has merely been rejected on the ground that since past three years, the petitioner is not having any threat perception /danger to his life. He said that the Divisional Commissioner, Munger Division, Munger, has dismissed the petitioner's appeal against the DM's order solely on the ground that the petitioner is not having any threat perception. He argued that it is a well-settled law that it is not necessary that threat perception should be present so as to warrant grant of arms license to the applicant.

Meanwhile the State argued that since the petitioner is not having any threat perception, the application of the petitioner for grant of arms license has rightly been rejected by the District Magistrate, Khagaria, hence, there is no infirmity with regard to the same much less with the appellate order of November 15, 2019 and the writ petition is fit to be dismissed.

The Court said that the high court's division bench had also said an applicant not having an actual threat or imminent threat perception would be eligible for arms license if the applicant can persuade the authority to take into consideration the nature of his trade and profession for grant of license. [Provided under Rule 12(3)(a) of the Arms Rules, 2016]

“I deem it fit and proper to quash the order dated 15.3.2018, passed by the District Magistrate, Khagaria, as also the one dated 15.11.2019, passed by the Divisional Commissioner, Munger Division, Munger and remand the matter back to the District Magistrate, Khagaria, for fresh consideration, who shall, after granting an opportunity of hearing to the petitioner, pass fresh orders upon the application of the petitioner for grant of arms license, within a period of twelve weeks of receipt / production of a copy of this order, in accordance with law and by taking into account the provisions, contained in the Arms Rules, 2016,” the Court said. 

Accordingly, the petition was allowed to this extent. 

Case Title: Ranjan Kumar Mandal Vs. The State of Bihar and Others

Counsel For the Petitioner/s : Mr.Ranjeet Kumar Singh, Advocate

Counsel For the Respondent/s : Mr. Saroj Kumar Sharma, AC to AAG-3

Click here to read/download the order