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2026 Supreme(Gau) 1880
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, J.
Md. Kapil Uddin Laskar And Ors. – Petitioners
Versus
The State Of Assam And Ors. – Respondents
Wp(C)/5443 Of 2022
Decided On : 05-08-2026
Advocates Appeared :
For the Petitioner : Mr. A R Sikdar, Mr. S I Talukdar,M M Zaman,Md A Ali
For the Respondent : Shri S.R. Baruah, Ga, Assam.
Important Points
Subject
Civil Law - Arms Control
Act Referred
Headnote
(B) Licensing Authority - Discretionary Power - Refusal of licence - Authority may refuse renewal if necessary for public peace or safety or if the applicant fails to demonstrate justified necessity. (Para 10)
(C) Age Requirement - Compliance - Section 9(1) of the Arms Act, 1959 - Minimum age of 21 years is a prerequisite for acquiring or possessing firearms. (Para 5)
Issues: Whether the renewal of a gun license is a matter of right or a statutory privilege subject to the discretion of the licensing authority.
For the Appellants/Petitioners: A R Sikdar, S I Talukdar, M M Zaman, Md A Ali
For the Respondents: S R Baruah, GA, Assam
| Table of Content |
|---|
| 1. facts and arguments regarding the request for gun license renewal and age discrepancies. (Para 1 , 2 , 3 , 4 , 5 , 6 , 8) |
| 2. gun license as a statutory privilege subject to authority discretion. (Para 7 , 9) |
| 3. absence of fundamental right to bear arms in indian law. (Para 10) |
| 4. dismissal of the petition due to lack of grounds for interference. (Para 11) |
JUDGMENT :
SANJAY KUMAR MEDHI, J.
Heard Shri A.R. Sikdar, learned counsel for the petitioners as well as Shri S.R. Baruah, learned State Counsel.
2. Considering the subject involved in this writ petition which is pending since the year 2022 an also the fact that pleadings have been exchanged, the petition is taken up for disposal at the admission stage.
3. The petitioners, who are 3 in nos. have joined together challenging the inaction of the Deputy Commissioner (presently District Commissioner) Hojai in not renewing their gun licences. It is contended that the petitioners were earlier employed in private companies in Nagaland and other places outside Assam. It is also contended that because of the expiry of the earlier gun licence, the petitioners have been rendered jobless and they hail from the Hojai district.
4. Shri Sikdar, the learned counsel for the petitioners has submitted that the gun licencesare required in connection with the nature of the job. It is also submitted that they had gun licences issued by the Government of Nagaland and NOC has been given by the said Government for renewal of licence which have not been taken into consideration. He has also relied upon the decision of the Hon’ble Punjab and Haryana High Court in the case of Nawab Hussain vs. State of Punjab & Ors. passed in CWP No. 3281/2025 [Judgment dated 06.11.2025] wherein it has been stated that renewal of gun licence can be considered by another State.
5. Shri Baruah, the learned State Counsel has however raised serious objection on the writ petition. By drawing the attention of this Court to the affidavit-in-opposition filed by the respondent no. 2 on 30.06.2025, the learned State Counsel has submitted that the Deputy Commissioner, after application of mind had come to a conclusion that it was not a fit case for renewal of the licence. Reliance has also been placed on the subsequent affidavit filed by the respondent no.2 on 01.06.2026 wherein the aspect that there are various anomalies in the renewal aspect has been highlighted. It is submitted that there are grave doubts regarding the age of the petitioners and also the requirement of such gun licence. Specific reference has been made to the averments in paragraph 5 of the affidavit dated 01.06.2026 which reads as follows:
“5. That the Deponent begs to state that upon examination of the submitted documents, the following discrepancies have been found:
(a) Md. Kapil Uddin Laskar vide Licence No. 2269/MKG issued on dated 15/04/1985, whereas, the Date of Birth recorded in the licence is 01/02/1975.
(b) Md. Alauddin Barbhuyan vide Licence No. 1584/TSG issued on dated 06/05/1986, whereas, the Date of Birth recorded in the licence is 28/07/1976.
(c) Md. Hussain Ahmed vide Licence No. 12126/MON issued on dated 11/07/1994, whereas, the Date of Birth recorded in the licence is 11/02/1975.
The Deponent begs to state that as per the Section 9(1) of the Arms Act, 1959, "no person who has not completed the age of 21 (twenty-one) years shall acquire, have in his possession or carry any firearm or ammunition". Hence, the abovementioned records indicate a doubtful scenario regarding compliance with the minimum age requirement at the time of issuance of the licences.”
6. Shri Sikdar, the learned counsel has clarified that a reply affidavit has been filed on 16.07.2026 in which it has been stated that the licences issued by the State of Nagaland was in the name of some other persons which were subsequently issued to the petitioners and therefore, the renewal has been sought by the petitioners.
7. The aspect of issuance of a gun licence or renewal cannot come w
