IMPORTANT POINT
Denial of an arms license based on family background, without any personal criminal record, is arbitrary and violates fundamental rights.

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 Co-ordinate Bench of this Court on 25.07.2022 in light of the judgment dated 24.05.2022, passed in the case of Bhan Singh vs. State of Rajasthan & Ors (S.B. Civil Writ Petition No.7422/2022).

5. In furtherance of the order aforesaid, the petitioner submitted a representation before the District Magistrate, Nagaur, who vide his order dated 13.10.2022 rejected the petitioner’s application inter-alia observing that there is a danger to security of public peace and public welfare if a license is granted to the petitioner. The respondent No.2 held that the license cannot be granted as per section 14(1)(b)(ii) of the Arms Act, 1959 (hereinafter referred to as the ‘Act of 1959’).

6. Feeling aggrieved of the rejection of her application for grant of license, the petitioner has filed the present writ petition invoking the writ jurisdiction under Article 226 of the Constitution of India.

7. Mr. Bishnoi, learned counsel for the petitioner navigated the Court through various certificates and documents which have been issued to the petitioner by the National Rifle Association and other Associations in order to establish that the petitioner is a National Level Shooter and has achieved laurels not only for the State but also for the Country.

8. Learned counsel for the petitioner pointed out that on 04.03.2024, a Co-ordinate Bench of this Court passed an interim order and directed the respondents to grant provisional license (from 15.03.2024 to 30.05.2024) as the petitioner was preparing for Olympic Games, 2024 scheduled to be held in Paris. In furtherance of the interim order so passed, a provisional arms license came to be issued to the petitioner on 20.03.2024, obviously for sports category, indicating therein “Renowned Shooters”.

9. The petitioner imported a weapon being ‘Bretta 694 Trap with Adjustable Stock And Accessories’ and applied for requisite entry in her license.

10. The petitioner’s provisional license came to be amended and the particulars of the weapon which the petitioner had imported were included in the license on 25.04.2024.

11. The petitioner had to move another stay application seeking appropriate direction for participating in the 22nd Rajasthan State Shooting Championship (Shotgun), 2024 notified on 21.06.2024.

12. A Co-ordinate Bench of this Court passed an interim order and directed the District Collector-cum-Magistrate, Deedwana, District Deedwana-Kuchaman to further direct the police authorities to release weapon surrendered by the petitioner and issue provisional license from 15.07.2024 to 19.07.2024, so as to enable the petitioner-applicant to take part in the ensuing competition. While passing said order, the Court obligated the petitioner to surrender the weapon to the police station concerned.

13. The petitioner surrendered her weapon on th