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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Irshad Ali,J.
Mohd. Arif Khan – Appellant
Versus
State Of U.P. Through Secretary Home Lucknow – Respondent
Hon'ble Irshad Ali,J.
1. Heard Shri M.A. Khan, learned Senior Advocate assisted by Mohd. Aslam Khan, learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
2. By means of the present writ petition, the petitioners have prayed for issuance of a writ in the nature of Mandamus, commanding the opposite parties not to compel the petitioners to deposit their firearms and licences at police station concerned.
3. Brief facts of the case are that petitioner nos.1,2,4 and 6 are the practising advocates while petitioner nos.3,5,7 to 13 are the respected and law abiding citizens having good antecedents. The petitioners have made an application for grant of firearm licence for the security of their life and properties.
The opposite party no.2 after due enquiry from the concerned police station having found that there was nothing against the petitioners to show that they had any criminal antecedents had granted firearms licence to them which were renewed from time to time and are valid till date. The firearms licence of the petitioners were neither suspended nor cancelled so far and the petitioner who have been granted the fire arms licence for protecting their l
Firearm license holders cannot be compelled to surrender their firearms without a valid order or written notice, ensuring protection of their rights during election periods.
Citizens with valid arms licenses and no written order to deposit arms shall not be compelled to do so solely based on the ensuing Assembly Elections.
Citizens with valid firearms licenses cannot be compelled to deposit their firearms without a formal order from the competent authority, especially during elections.
Deposit of Arms Licence- Court has directed strict adherence to circular and such directions can be issued only on the basis of any finding by the screening committee to be constituted in accordance ....
The court emphasized that directives for surrendering Arms must consider individual circumstances and cannot be blanket orders, ensuring personal safety is not compromised during elections.
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.
In order to constitute the offence under Section 188 of the Indian Penal Code, 1860, it has to be established that there was a lawful order promulgated by a public servant empowered to promulgated it....
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