IMPORTANT POINT
The eligibility of a sportsman to import specific firearms is determined by the Arms Act, 1959 and its prescribed criteria, including the Minimum Qualifying Score and participation in specific shooting events.

JUDGMENT

1. The Petitioner has approached this Court by filing the instant writ petition under Article 226 of the Constitution of India for a direction to the Respondents to permit the Petitioner to import 0.22 and 0.32 a pardini sports pistol or in the alternative permit the Petitioner to purchase the same from Respondent No.2/Secretary General, National Rifle Association of India on the payment of the requisite charges.

2. The Petitioner claims to be a sportsman associated with the sport of Shooting. He states that he has been participating in various competitions in the 10M air pistol category. It is stated that during the last four years, the Petitioner has performed well at the National and the State level tournaments.

3. It is stated that the Petitioner was having disputes with Respondent No.2 and Respondent No.3 regarding issuance of his certificates of participation. It is the contention of the Petitioner that instead of issuing the certificates of participation, he has been served with a show cause notice dated 01.07.2019 by Respondent No.3 at the behest of Respondent No.2 stating that there is a discrepancy in his date of birth.

4. It is stated that the Petitioner approached this Court by filing W.P.(C) 6091/2022. The writ petition was dismissed vide Order dated 24.11.2022. The Petitioner challenged the Order dated 24.11.2022 by filing LPA 710/2022 and a Division Bench of this Court vide Order dated 12.12.2022 in LPA No.710/2022 directed that the case of the Petitioner should be placed before a Review Committee constituted for determination of age of the Petitioner and directed to decide the same afresh in light of the age verification report.

5. It is stated that only after the judgment passed by the Division Bench in LPA No.710/2022, certificates of participation were issued to the Petitioner. It is stated by the Petitioner that the he is being singled out and is being denied the permission to import a 0.22 and 0.32 sports pistol and has been denied permission to either import or in the alternative purchase it from Respondent No.2 despite the fact that he otherwise is eligible for the same. It is stated that the Petitioner is being unnecessarily harassed by Respondent No.2, therefore, the Petitioner has stood up to the illegal activities of Respondent No.2.

6. A reply has been filed on behalf of Respondent No.2/National Rifle Association of India. It is the stand of Respondent No.2 that the Petitioner has participated in 10M air pistol category but wants to import a firearm of 0.22 and 0.32 bore category which is not permissible. It is stated that if the Petitioner seeks to import a firearm of 0.22 or 0.32 bore, he must enrol himself for a National Shooting Championship Competition in 25M Standard Pistol Event or 25M Centre Fire Pistol Event and the Petitioner must obtain a Minimum Qualifying Score (MQS) of 530 in 0.22mm and MQS of 520 in 0.32 mm Shooting Event in order to be called as a renowned shooter which alone will entitle him to apply for a 0.22 or 0.32 bore for participation in games. It is stated that since the Petitioner is not a renowned shooter in the said events, he is ineligible to import a weapon of 0.22 and 0.32 bore which is a firearm under the Arms Act, 1959. It is further stated that the Petitioner has not participated in the requisite event in the year 2022 or 2023 and, therefore, the instant writ petition should be dismissed.

7. Heard the Petitioner, who appeared in person, and learned Counsel for the Respondents.

8. The Petitioner apart from making his submission that he is a renowned shooter has also handed over the copies of the receipt of Respondent No.2 that the Petitioner is a Member of Respondent No.2. The Petitioner also filed a certificate stating that he has participated in the UP State Rifle Association, Lucknow and that he has participated in the 62nd National Shooting Championship Competitions (NSCC) in Small Bore Rifle & Pistol Events which were held at Thiruvananthapuram from 15.11.2018