( 1 ) THIS writ petition has been filed with a prayer for a mandamus directing the respondents to consider the petitioners application for grant of a license for a Revolver, and to issue him the said license under the Arms Act, 1959. On 17-2-1993, I had granted three weeks time to the Learned Standing Counsel for filing counter affidavit but as yet no counter affidavit has been filed. Hence I am treating the allegations in the petition to be correct and am disposing of the petition finally.

( 2 ) I have heard Shri Namwar Singh, Learned counsel for the petitioner, and Learned Standing Counsel.

( 3 ) THE petitioner applied for a license for a Revolver on 27-6-1990 for his personal security as well as security of his property. A true copy of the said application is Annexure-1 to the petition. The petitioner has stated that he is a peace loving citizen with good antecedents, and he has never been involved in any offence. He owns a bus under a valid permit, a factory, and landed property. He claims that he needs the Revolver for the security of his life and property. In para-3 of the petition, it has been stated that the District Magistrate called for a report from the authorities including the Sub-Divisional Officer concerned. The Sub Divisional Officer, after calling for a report from the Tehsildar, gave a report in favour of the petitioner. The District Magistrate also called for a report from the police. A true copy of this report is Annexure-3 to the petition. In this police report it is mentioned that there is nothing to show that the petitioner has any criminal antecedents, yet grant of licence was not recommended, without assigning any reason. In paragraph 5 of the petition it is stated that as yet no order has been passed on the petitioners application for license for his Revolver. In para 7 of the petition, it is stated that there is nothing on the record to disentitle the petitioner from grant of license for a revolver. Aggrieved against the inaction of the respondents, this writ petition has been filed.

( 4 ) IN my opinion, the right to carry arms for self-defence is a part of Article 21 of the Constitution, and hence the petitioner is entitled for grant of the licence. To substantiate this view I would like to discuss the matter at some length.

( 5 ) BEFORE the British came to India the situation in our country was that in almost every house there were some arms. Possession of arms was regarded as a sign of dignity and self respect. Even today in our country in many communities on dussehra day arms are worshipped, which is symbolic of the respect given to arms in earlier times.

( 6 ) THE Mahabharat, which is the longest and greatest of the epics of the whole world, is full of the use of arms. Thus, Arjun goes to divya-lok to get arms from the gods (which he subsequently used in the Mahabharat War ). Thus, in our culture the value of arms for leading a life of self-respect and dignity has been accepted.

( 7 ) WHEN the British came to India they had to face armed resistance from the feudal kings. Due to their technological and organisational superiority they gradually overcame this resistance and spread their rule in India. It was only after putting down the Mutiny of 1857 that the British decided to disarm the Indian people. Having been shocked by the sudden, widespread uprising against them they decided that to avoid such revolts in future they must (1) disarm the Indian people (2) divide the Indian people. This policy was implemented so effectively that up to 1947 there was hardly any significant militant uprising against them.

( 8 ) THE first comprehensive arms legislation in India was Act 28 of 1857 enacted on 11-9-1857. This Act was a temporary measure, and it only regulated the import, manufacture, sale, possession and use of arms for two years. It was passed when the Mutiny was still going on, and it was a hurriedly drafted law with the obvious aim of seeking to put down the revolt. The Act of 1857 wa