Back
DINESH MEHTA
Yagyajeet Singh Chauhan, D/o. Shri Manjeet Pal Singh Chauhan – Appellant
Versus
State Of Rajasthan, Through Principal Secretary, Department Of Home – Respondent
ORDER :
(Dinesh Mehta, J.) :
1. The petitioner - a renowned National Shooter is constrained to approach this Court against illegal and arbitrary action of the respondents, who have refused to grant her arms license on absolutely untenable grounds.
2. The facts appertain are, that on 13.12.2021, the petitioner applied for arms license in prescribed application form (A-1). She indicated her occupation as a ‘Sports Person’ and in the column meant for weapon description, she mentioned SHOTGUNS, DBBL, SBBL, DBML, SBML.
3. Alongwith the application aforesaid, the petitioner had enclosed a Police Verification Certificate dated 24.11.2021, certifying that no criminal case is registered against her. She had also appended a certificate dated 26.11.2021 issued by National Rifle Association of India certifying that the petitioner is a renowned shooter and has taken part in 63rd National Shooting Championship Competitions in Shotgun held at New Delhi from 16.11.2019 to 30.11.2019.
4. The respondents however did not grant her license, for which, the petitioner preferred a writ petition before this Court being S.B. Civil Writ Petition No.9680/2022 (Annexure-8). Said writ petition came to be decided by
Denial of an arms license based on family background, without any personal criminal record, is arbitrary and violates fundamental rights.
The possession of an arms license is a statutory privilege, not a fundamental right, with revocation permissible under the Arms Act if deemed necessary for public safety.
The central legal point established in the judgment is that the refusal of firearm license renewal must align with the conditions stipulated in the Arms Act, and reasons for refusal must be in accord....
Point of Law : Perverse or an illegal decision of the authority can be judicially reviewed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
