2012 Supreme(All) 1877

[2012(8) ADJ 170]
ALLAHABAD HIGH COURT
BEFORE : SUDHIR AGARWAL, J.
DINESH KUMAR PANDEY ....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 16565 and 15883 of 2012, decided on 25th July, 2012)

Headnote:(A) Arms Act, 1959—Sections 13, 14, 17 and 3—Arms Rules, 1962—Rule 51, Schedule III—Constitution of India, 1950—Articles 21 and 14—Licence—Fire-arm—Granting of—Personal safety and security—Requirement of “good reasons” for grant of fire-arm licence under Section 13 be restricted/narrowed down by an executive order issued by Government—In present case licensing authority rejected petitioner’s applications on ground that they have failed to specify any special threat to personal security—Also not disclosed any extraordinary circumstances/incident—To justify necessity of keeping a fire-arm with them—Appeal against—Rejection of—On the same ground—Contention that granting fire-arm licence is not a right “but a privilege” depending upon sheer discretion of licensing authority—Whether licensing authority has uncontrolled discretion with immunity from judicial review—Article 21 recognises a fundamental right of a person to “life and liberty”—Right to carry a fire-arm to ensure safety and security of a person not included in Article 21—Licensing authority before passing order, either for grant or refusal of licence—Is under obligation to consider “the report” if received under Section 13(2)—Grant or refusal of licence by licensing authority is not his absolute discretion—It is subjected to other provision of Chapter III of Act, 1959—Financial status of a person is no ground for refusal to grant a fire-arm licence—In term of Section 14(3) it is obligatory to record, in writing “reasons” for refusal—No person, as a matter of right, can claim that he must be granted fire-arm licence—No fundamental/legal right—It is a privilege—In present case authorities below held that applicant could not show as to what is special threat—Phase “Good reason” cannot be retermed to make it ‘extraordinary reasons’—As per G.O. three months period prescribed for disposal of fire-arm licence—No justification for extraordinary delay given by licensing authority—G.O. (Central) requires licensing authority not to invoke Section 13(2A) since it is under review—Executive order cannot compel a statutory authority from considering relevant a provisions of statute—G.O. cannot diminish power of licensing authority—Rejection to grant a fire-arm licence on financial grounds unsustainable.

        [Paras 1, 5, 7, 18, 20, 46, 52, 60, 61 and 130]

       (B) Words and Phrases—"Liberty"—Necessary three factors for—Firstly, harmonious balance of personality—Secondly, absence of restraint upon exercise of that affirmation—Thirdly, organisation of opportunities for exercise of a continuous initiative. [Para 33]

       (C) Words and Phrases—"Liberty"—Meaning of—Prevention of restraint and providing such opportunities, denial of which would result in frustration—And ultimately disorder—So, liberty means doing of anything one desires—But, subject to desire of others. [Para 33]

       (D) Arms Act, 1959—Objects and reasons—Statement—Basic intention and objective of legislature is that fire-arms may not be available to unsocial and criminal elements—So that very existence of society may not be endangered—There should be an adequate vigilance on possession, sale and transfer etc. of fire-arms. [Para 44]

       (E) Arms Act, 1959—Sections 13 (3) (a) (i)—Fire-arm—User of—Three kinds of purposes and objectives provided—One of it is protection—If an applicant seeks a licence in respect of weapon i.e. smooth bore gun having a barrel of not less than twenty inches of gun for protection—Licensing Authority is obliged to grant such licence—If aforesaid kind of weapon is required for sport—Licensing Authority is to grant it and it is mandatory—Third is a different kind of fire-arm, namely, a muzzle loading gun—If it is required for bona fide crop protection—Licence shall be granted. [Para 52]

       (F) Arms Act, 1959—Section 14—Financial status—Fire-arm—Licence—Refusal of—Consideration of—Mere financial status of a person seeking licence shall not be a ground to refuse licence by itself. [Para 60]

       (G) Arms Act, 1959—Section 17 (3) (b)—Revocation—Licence of fire-arm—Power of licensing authority—If deems necessary for “security of public peace” or “public safety” to suspend or revoke a licence. [Para 65]

       (H) Interpretation—Judgment—Statute—A judgment is not be read as a statute. [Para 71]

       (I) Words and Phrases—”Privilege”—Concept of—Reference—To person with whom it is conferred—And not the person who confer it or grant it. [Para 93]

       Result; Petitions Allowed.