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VINIT KUMAR MATHUR
Poonam Nain – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.
2. Counsel for the parties submits that the controversy involved in this petition is squarely covered by decision rendered by this Court in Goverdhan Singh Parihar v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 4452/2019, decided on 10.11.2021), which reads as follows:-
"The present petitioners have a common grievance regarding the arms license.
Learned counsels for the present petitioners have laid the grievances with regard to matters relating to licenses of firearms under 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
Interference in rejection of grant of fresh application/refusal/renewal of license for firearms is not warranted except when extraordinary circumstances are pointed out.
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....
Licensing authorities must provide speaking orders and consider individual circumstances when deciding on firearms licenses, as mere criminal case pendency is insufficient for denial.
Interference in rejection of grant of fresh application/refusal/renewal of license for firearms is not warranted except when extraordinary circumstances are pointed out.
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....
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