Arms Licences Cannot Be Granted To Be Used As Status Symbol, Says Himachal Pradesh HC [Read Order]

Arms Licences cannot be granted to be used as status symbol, observed the High court of Himachal Pradesh while directing the authorities to review all the Arms Licences granted by them.

The bench comprising Justices Tarlok Singh Chauhan and Jyotsna Rewal Dua observed thus while dismissing a petition filed by a person against cancellation of his two Arms Licences. The court directed that no Arms Licence shall be granted or renewed in case the applicants do not meet the parameters prescribed in this behalf under the Arms Act and Rules framed thereunder.

The court noted that the petitioner had, without disclosing about his previous Arms licence, applied and obtained another Arms licence. A specific Column No.10(a) in the application form requiring the applicant to furnish details of his previous Arms Licence was deliberately kept blank by him while applying second time for the Arms Licence, the bench noted.

While refusing to interfere with the cancellation order, the bench said that this case is an indication of issuance of Arms Licences at the mere asking of the applicants without verifying compliance of provisions of the Act/Rules/Instructions issued in this regard. It observed:

"The Arms Act coordinates rights of citizen with necessity of maintaining law and order. Firearms should not come in possession of anti-social elements. There is need for greater vigilance on the grant of Arms Licences. Arms Licences cannot be granted to be used as status symbol of the applicants."

Dismissing the writ petition, the bench directed as follows:

"We, therefore, direct that henceforth no Arms Licence shall be granted or renewed in case the applicants do not meet the parameters prescribed in this behalf under the Act, the Rules framed thereunder or any instructions issued by the Competent Authority. We also direct all the Licensing Authorities in the state to review all the Arms Licences granted by them on the touchstone of above parameters and take appropriate action in accordance with law, wherever required. This exercise be completed within a period of four months from today."

Case no.: CWP No. 1381/2020

Case name: Chamal Lal Sharma vs. State of Himachal Pradesh

Coram: Justices Tarlok Singh Chauhan and Jyotsna Rewal Dua

Counsel: Adv Devender K. Sharma, AG Ashok Sharma

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