Mere threat perception doesn’t give right to demand arms licence: Allahabad High Court

‘Adverse reports’

• The petitioner had approached the court seeking quashing of the orders, contending that he faced a threat to his life due to village rivalry and a pending criminal case in which his family members were allegedly assaulted.
• The counsel for the petitioner argued that the police and the lekhpal had given incorrect reports and failed to consider that the petitioner’s family was a victim in a criminal case.
• It was further contended that the district magistrate rejected the petitioner’s application for an arms licence without considering the relevant facts properly.
• The state opposed the plea, submitting that mere lodging of a First Information Report (FIR) does not entitle an individual to an arms licence. It was argued that the petitioner had sought the licence only to maintain social status in society.
• It was further contended that adverse reports described the petitioner as a land grabber with poor conduct, making him unsuitable for such a licence.

Petitioner’s contention ‘insufficient’

• The Allahabad High Court noted that the grant of an arms licence is subject to the satisfaction of the competent authority regarding the petitioner’s suitability, antecedents, and the necessity for such a licence in the interest of public safety.
• The court noted that both the district magistrate and the appellate authority had duly considered the material on record, including adverse reports regarding the petitioner’s conduct, and their findings could not be termed arbitrary or perverse.
• The district magistrate considered the reports submitted by the police and the revenue authorities, which reflect adversely on the petitioner’s “conduct and overall suitability”, the Allahabad High Court said, adding that the finding that the petitioner is not fit for the grant of licence cannot be said to be “arbitrary or perverse.”
• It remarked that the grounds for seeking a firearms license had rightly been found insufficient in light of the adverse reports.
• The authorities have duly considered the petitioner’s contention regarding threat perception and pendency of criminal proceedings, wherein his family is stated to be a victim, but the same has rightly been found insufficient in light of the adverse reports regarding his conduct.
• The allegation that the reports are incorrect has not been substantiated by any cogent material, the court noted.
• Finding no illegality or infirmity in the impugned orders, the Allahabad High Court dismissed the writ petition as devoid of merit.