Revocation of arms licences must adhere to the conditions specified in Section 17(3) of the Arms Act and must comply with principles of natural justice.

ORDER :

1. These writ petitions are taken-up together because the common issue involved in these cases is regarding revocation of arms licences granted to them under provisions of the Arms Act, 1959 Act on the ground that there is no threat perception to the petitioners.

2. In W.P. No. 8834 of 2019, initially licence was granted to the petitioner in the year 2012 for a period of three years and the same was renewed upto 2018 and he applied for renewal. In W.P. No. 2673 of 2019, the petitioner also applied for renewal of arms licence after expiry of his licence, the licensing authority called for report in both the cases from the concerned authorities and after obtaining reports, show-cause notices were issued to the petitioners as to why their licences should not be revoked by exercising powers under Section 17 of the Arms Act (for short “the Act”) and the petitioners submitted explanation. But without considering the same in proper perspective, only on the ground that petitioners do not have threat perception, the impugned orders have been passed revoking the arms licences purportedly in exercise of powers under Section 17 of the Act.

3. In W.P. No. 2673 of 2019, counter-affidavit is filed reiterating the contents of the impugned order and justifying the action on the ground that petitioner does not have threat perception and he is not entitled for renewal of arms licence and it is also asserted that the petitioner has alternative remedy against the impugned order.

4. Learned Counsel for the petitioners in both writ petitions submits that the arms licences of the petitioners can be revoked only when their case falls under the parameters laid down in Section 17 of the Act and they submit that no criminal cases were registered against the petitioners and there are no complaints against the petitioners regarding misuse of weapons. The very basis for revoking of arms licences is nonexistent in the parameters contained under Section 17 of the Act, as such, the competent authority cannot assume jurisdiction to revoke the arms licences. When the competent authority exercises power beyond the parameters contained under the Act, the same is without jurisdiction and more so, explanation of the petitioners was not considered in proper perspective, which is in violation of principles of natural justice. As such, the writ petitions can be entertained.

5. On the other hand, learned Assistant Government Pleader for Home submits the petitioners have alternative efficacious remedy against the impugned orders and he also submits that since there is no threat perception to the petitioners, petitioners do not require any arms licences and the respondent-authorities after issuing show-cause notices, considering the explanations submitted by them passed the impugned orders. As such, the same cannot be interfered with, since there is no violation of principles of natural justice.

6. Section 17 of the Arms Act reads as under:

17. Variation, suspension and revocation of licences:

(1) The licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the licence-holder by notice in writing to deliver-up the licence to it within such time as may be specified in the notice.

(2) The licensing authority may, on the application of the holder of a licence, also vary the conditions of the licence except such of them as have been prescribed.

(3) The licensing authority may by order in writing suspend a licence for such period as it thinks fit or revoke a licence:

(a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this Act.

(b) if the licensing authority deems it necessary for the security of the public peace or for public safety