VIJAY BISHNOI
Bhan Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. Heard.
2. The present petitioner has a grievance regarding the arms license.
3. Learned counsel for the petitioner has laid the grievances with regard to matters relating to licenses of firearm sunder the Arms Act, 1959 (hereinafter the Act of 1959), before the Court, viz. inaction and unjustified delay in issuance of arms license / no opportunity of hearing given and despite pendency of only one criminal case / rejected without cause or speaking order / renewal denied despite acquittal in criminal cases /renewal denied despite pending criminal case related to gambling and thereby not impacting public safety / no transfer to legal heir despite surrender of old license / no grant or refusal of application for license and inordinate delay, despite prescribed statutory time period of 60 days asunder Schedule V, of the Arms Rules, 2016(the 2016 Rules).
4. Learned counsel for the petitioner further submits that there is a statutory provision for persons to apply and acquire a firearm license, and thus, the respondents ought to maintain maximum transparency, while passing the orders, whereas the impugned orders have been passed without making any individual consideration of the r
Interference in rejection of grant of fresh application/refusal/renewal of license for firearms is not warranted except when extraordinary circumstances are pointed out.
Licensing authorities must provide speaking orders and consider individual circumstances when deciding on firearms licenses, as mere criminal case pendency is insufficient for denial.
The cancellation of an arms license should be necessary for public peace or safety, and any interference in rejection of grant of fresh application/refusal/renewal of license for firearms is not warr....
The main legal point established in the judgment is the need for individual consideration of cases, passing speaking orders, and adherence to relevant statutory provisions and judgments in matters re....
Interference in rejection of grant of fresh application/refusal/renewal of license for firearms is not warranted except when extraordinary circumstances are pointed out.
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