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PUSHPENDRA SINGH BHATI
Roopwati Deora – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. Learned counsel for the parties jointly submitted that the present matter is squarely covered by the judgment passed by this court in Goverdhan Singh Parihar Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.4452/2019), decided on 10.11.2021 alongwith the connected matters. The order dated 10.11.2021 reads as follows :
2. The present petitioners have a common grievance regarding the arms license.
3. 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 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 ("th
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 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....
The competent authority has the power to revoke an arms license if it deems necessary for the security of public peace or public safety, and the scope of judicial review in such matters is limited.
Authorities must adhere to the Arms Act by providing compelling evidence before cancelling or denying renewal of an arms license, and mere involvement in a criminal case is insufficient to justify su....
The pendency of a criminal case alone cannot justify the revocation of an arms license; substantial evidence is necessary to demonstrate a threat to public safety.
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