Ext.P1 order by which the first respondent has rejected the application for renewal of a gun licence submitted by the petitioner and Ext.P3 order by which the second respondent has confirmed Ext.P1 order in appeal, are under challenge in this writ petition.

2. The case of the petitioner is that he is holding the licence sought to be renewed for the last nine years and when he applied for renewal of the licence during 2010, the application was rejected as per Ext.P1 order holding that the Superintendent of Police concerned has reported that there is no threat to the life of the petitioner and therefore, the licence cannot be renewed. The very same stand is reiterated by the second respondent in Ext.P3 order. The relevant portion of the order reads thus:

"The question to be considered mainly is, whether there exists a real threat to his life and property of the appellant. A weapon becomes essential for a particular individual, when he alone has to defend himself from the threats and when being denied of protection which is his right as a citizen. In this instant case, no such threat exists. Holding a large extent of landed property does not make one susceptible to threat. Having perused the records and hearing the appellant, I do not find any reason to believe that a real threat exists to his life and property of the appellant which necessitates processing and use of weapon for self protection"

3. Sub sections (1), (2) and (2A) of Section 13 of the Arms Act, 1959 (for short "the Act") dealing with the grant of licences, read as follows:

13. Grant of licences : (1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed.

(2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time.

(2A) The licensing authority, after such inquiry, if any, as it may consider necessary, and after considering the report received under sub-section (2), shall, subject to the other provisions of this Chapter, by order in writing either grant the licence or refuse to grant the same:

Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report.

4. Section 14 of the Act dealing with refusal of licences reads as follows :

"14. Refusal of licences - (1) Notwithstanding anything in section 13, licensing authority shall refuse to grant -

(a) a licence under section 3, section 4 or section 5 where such licence is required in respect of any prohibited arms or prohibited ammunition;

(b) a licence in any other case under Chapter II -

(i) where such licence is required by a person whom the licensing authority has reason to believe -

(1) to be prohibited by this Act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or

(2) to be of unsound mind, or

(3) to be for any reason unfit for a licence under this Act; or

(ii) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence.

(2) The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property.

(3) Where the licensing authority refuses to grant a licence to any person it shall record in writing the reasons for such refusal and furnish to that person on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement."

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