Nithyakalyani Narayanan. V
The Delhi High Court has ruled that the advocates representing the criminal side for prosecution or accused cannot claim a right to own an arms license, as it could lead to indiscriminate issuance of such licenses.
The order was passed on May 22 by Justice Prathiba M Singh. It was held that “An application by an advocate merely based on the ground of appearance on behalf of the accused persons, in the opinion of this Court, would not be sufficient to grant an arms license”.
The court pointed out that the arms license is a creation of the Arms Act 1959, of which the Licensing Authority is vested with the discretion on granting a license, depending on the facts and situations in each case. The Court held that “the Licensing Authority has to assess the threat perception and the reasons for the request for a license which has been given by the applicant concerned. It is only after assessing the same that such a license can be issued.”
The Court was hearing a plea by Advocate Shiv Kumar, requesting issuance of an arms license by the Joint Commissioner of Police (Licensing) under the Arms Act, 1959. The plea was challenging an order passed by the Lieutenant Governor on November 30, 2022, rejecting his application seeking arms license. While disposing the plea, the court upheld the impugned order and stated that refusing to grant arms license is well reasoned.
Justice Singh observed: “The perceived weakness of the State, which is one of the grounds, which the Petitioner has urged for seeking the arms license, if accepted, would result in recognition of a right to own a firearm. This recognition leading to issuance of a licence and unbridled owning of firearms, could also pose a threat to the safety and security of the other citizens, which the Licensing Authority would have to keep in mind while allowing or rejecting the arms license”.