Canceling Firearm License Without Recording A Finding That It Was Misused Isn't Justified: Allahabad High Court

The Allahabad High Court has observed that in absence of any finding recorded by authorities that a person has misused the firearm in question or there is any other disability on his/her part, the exercise of power in canceling the firearm license is not justified.

The Bench of Justice Gautam Chowdhary observed thus while hearing a writ plea filed against an order of May 1989 passed by Collector canceling the firearm licence of the petitioner, Sudhakar Mishra. His appeal was also rejected in October 1995 passed by Commissioner, Varanasi Division, Varanasi.

Essentially, it was contended by the Counsel for the petitioner that authorities passed the impugned orders on the ground that there is a long drawn enmity in the family of petitioner and one Vijay Bali Shankar and his family.

It was stated in the impugned orders that since the feud had resulted in the murders of several persons on both sides, therefore, licence had to be canceled on the ground that the petitioner has a criminal background.

It was further submitted that the licence of the petitioner's brother was also canceled on similar grounds, however, the said rejection orders were set aside by the High Court in 2019.

Lastly, it was also submitted that the life of the petitioner is endangered reasonably and really and, therefore, in absence of any criminal activity on the part of the petitioner misusing firearm having been established, cancellation of firearm license was patently illegal, erroneous and arbitrary.

It is also pointed out that for the last more than 22 years since impugned orders were stayed, the firearm is continuing with the petitioner.

In view of this, the Court held that in absence of any finding recorded by authorities below that petitioner has misused the firearm in question or there is any other disability on his part, in my view, the exercise of power by respondents in canceling petitioner's firearm licence is not justified.

As a result of this observation, the writ petition is allowed. Impugned orders dated 18.05.1989 and 12.10.1995 are hereby set aside.

Case title - Sudhakar Mishra v. State Of U.P. And Ors.
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