HIGH COURT OF ANDHRA PRADESH
THE HONOURABLE MR. JUSTICE C.V. NAGARJUNA REDDY
Syed Afzal Mehdi
Versus
The State of A.P. rep., by its Principal Secretary, (Home), Secretariat Buildings, Saifabad, Hyderabad & Another
Writ Petition No.21780 of 2009
Date of Judgment : 31-05-2010
B) ARMS ACT, 1959, Section 13 and 14 - A citizen, entitled as of right for an arms licence, if his case falls u/s.13 (3)(a)(i) subject to his satisfying that his case does not fall u/s.14 (1)(b) – An application for an arms license can not be rejected on the ground that there is no genuine grounds for issue of license or on the additional ground that the applicant lives in a communally sensitive area and thickly populated – Applicant has a clean record without criminal background and in fact president of a walkf which has assets worth more than Rs. 17000/- crores – Additional fact that on the complaint lodged by the president against unauthorized occupation of the property a criminal case is pending in the court – Held the citizen applicant is entitled to be granted a license
C) ARMS ACT, 1959, Sec.14 (1)(b) – Applicant for arms license a respected citizen of the area owning a property with no criminal cases on his or his relatives – Nor is he or his relatives accused of any land grabbing – Just because the area of his residence is a thickly populated area and communally sensitive it can not inferred that he gran of as license may cause the public peace and order – The applicant being physically fit and mentally sound, it can be presumed that he realizes the potentials of fire arms and can keep it in safe custody.
D) CONSTITUTION OF INDIA, Article 21 - Protection of life and personal liberty - Implicit in it the right to protect oneself and his property and apply for arms license in all necessary circumstances – Though authorities are competent to exercise sufficient precautions for misuse of such arms, but this discretion cannot be stretched to inculcate subjectivity into this considerations. - A law abiding citizen would always like to have a fire arm for a bona fide purpose, for, he is aware of the consequences of its misuse.
E) CONSTITUTION OF INDIA, Article 21 – Where the twin precautions of an applicant being a law abiding citizen without any criminal record and being in a healthy and mental position to prevent potential misuse, the applicant for an arms license can not be rejected on vague and hypothetical questions of its misuse. –Writ petition challenging the rejection of the application on such grounds allowed
The unsuccessful applicant for grant of arms license filed this Writ Petition assailing Memo No.20017/Arms/2006, dated 13.3.2008 issued by respondent No.1.
The facts in brief are as under:
The petitioner is a resident of House No.16-8-87, Kaladera, Malakpet, Hyderabad. The petitioner pleaded that he was appointed as President of Managing Committee of Darga-Hazrat Hussain Shah Wali, situated at Rajendranagar Mandal, Ranga Reddy District, vide: Proceedings dated 1-2-2007 of the Chief Executive Officer of the A.P. State Wakf Board, published in the Official Gazette dated 8-3-2007. The petitioner further pleaded that the said Wakf has properties worth about Rs.17,000/- crores, which are subject matter of heavy litigation pending before various Courts and Fora, including this Court; and that being the President of the Wakf Committee, he is defending the interest of the Institution in all these cases. The petitioner also averred that on his complaint given against certain individuals, a criminal case was registered vide Crime No.232 of 2007 by the Narayanaguda Police Station on 28-6-2007 for the offences under Sections 468, 471, 419 and 420 read with Section 34 IPC in connection with the alleged cheating indulged in by the accused with regard to the landed property owned by the petitioner and two others. A charge sheet is stated to have been filed in the said criminal case; and that the said case is pending in the Court of the IX Additional Metropolitan Chief Magistrate, Hyderabad.
In the above mentioned back-ground, the petitioner made an application to the respondents for grant of arms license in order to protect his own life and property, both his personal and of the Wakf. The said application having been rejected by the impugned memo of respondent No.1, the petitioner filed the present Writ Petition.
The petitioner assailed the order, inter alia, on the ground that the same does not contain any reasons whatsoever; and that the order of rejection does not conform to the provisions of Sections 13 and 14 of the Arms Act, 1959 (for short “the Act”) as none of the grounds, on which an application for grant of arms license is liable to be rejected, has been attracted to his case. The petitioner also pleaded that he is facing life threat; and that if an arms licence is not granted, his life will be in jeopardy.
The Assistant Secretary to Government of Andhra Pradesh, Home Department, filed a counter-affidavit, wherein it is, inter alia, averred that on receipt of the application from the petitioner, respondent No.1 forwarded the same to the Deputy Commissioner of Police, East Zone, Hyderabad, for conducting an enquiry into the matter and sending the verification report; that after holding the enquiry, the Deputy Commissioner has submitted his report to the Commissioner of Police, Hyderabad, through his letter, dated 2-12-2007, who, in turn, forwarded the same to the Government, vide: his letter dated 7-12-2007. It is further averred that the petitioner is staying in his own house at Kaladera, Malakpet, Hyderabad, for a long time and doing business in real estate; that the locality, in which the petitioner is staying, is thickly populated and communally sensitive; that there is no necessity for the petitioner to possess a weapon for his self protection; and that on the said premise the Deputy Commissioner of Police did not recommend for grant of arms license to the petitioner. It is averred that on considering the said report, respondent No.1 issued the impugned memo rejecting the petitioner’s application. It is conceded that the impugned memo does not contain detailed reasons but it was sought to be justified on the ground that public interest did not warrant disclosure of the reasons. The respondents placed reliance on Section 14(1)(b)(ii) of the Act to support rejection of arms license.
Sri D.Jagan Mohan Reddy, learned counsel for the petitioner, reiterated the pleadings contained in the affidavit and placed reliance on the
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