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HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT – C No. - 8633 of 2026

Jai Shankar Alias …..Petitioners(s)

Bairistar

Versus

State of U.P. And 2 …..Respondents(s)

Others

Counsel for Petitioners(s) : Kripa Shankar Shukla, Vikas Shukla

Counsel for Respondent(s) : C.S.C.

Court No. - 37

HON’BLE VINOD DIWAKAR, J.

1. In compliance with the order dated 11.05.2026, the affidavit dated

20.05.2026 filed by the Joint Secretary (Home) has been taken on record.

2. The affidavit dated 20.05.2026 is self-explanatory and reveals that the

District Magistrates and also the Commissioners of Police/Senior

Superintendents of Police of all 75 districts have not been adhering to the

Government Orders issued from time to time. The provisions of the Arms

Act, 1959 and the Rules framed thereunder are also not being followed in

their true letter and spirit by the concerned officers. In paragraph 6 of the

order dated 23.03.2026, this Court had specifically indicated the

requirements to be complied with by the District Magistrates and the

S.S.P.s while dealing with applications for grant, renewal, and transfer of

arms licences. Paragraph 6 of the order dated 23.03.2026 is reproduced

hereinbelow:-

“6. From perusal of record, it transpires that Rule 13 of Arms Rule,

2016 suggests that the licensing authority, after considering the

application and on being satisfied that the applicant has fulfilled the

eligibility conditions, shall grant or refuse to grant a license for

permissible category of arms or ammunition specified in category III

of Schedule I, to any person by recording in writing the reasons for

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WRIC No. 8633 of 2026

such grant or refusal, by passing a speaking order, within a period of

sixty days of the receipt of the police report. Rule 14 states that on

receipt of an application for grant of a license under sub-rule (1) of rule

13 or every subsequent renewal thereof under Section 15 of the Arms

Act, the licensing authority shall call for a report of the officer-in-

charge of the nearest police station on that application, and such officer

shall se12. nd his report in Form S-4, within a period of thirty days

from the date of receipt of application by him.”

3. The earlier affidavit filed by the Additional Chief Secretary (Home)

discloses that, as on date, 10,08,953 arms licences have been granted. It

further indicates that 23,407 applications under different categories are

pending consideration; 1,738 appeals against orders passed by the District

Magistrates are pending before the Commissioners; 20,960 families possess

more than one arms licence; and in 6,062 cases, licences have been granted

to persons having criminal history involving two or more criminal cases.

4. Vide order dated 11.03.2026, this Court had granted one week’s time to

the State Government to revisit its policy relating to grant and review of

arms licences, particularly in respect of persons having criminal

antecedents. The State was also directed to furnish district-wise, police

station-wise, and name-wise details of arms licence holders against whom

two or more criminal cases have been registered. It was further directed

that the affidavit shall disclose particulars of pending criminal cases against

such licence holders, along with details of their family members holding

arms licences, if any.

5. During the course of arguments its realized, and also considering similar

matters pending before this Court wherein licences have been cancelled in

respect of persons engaged in public and political life, it has been find it

necessary that further information is required for arriving at a logical

conclusion. This Court is of the considered view that equity is one of the

foundational principles of the rule of law; therefore, in order to ensure good

governance and maintain public confidence, the State must not only

observe fairness and non-discrimination in policy, but such principles must

also be reflected in day-to-day administration.

6. Accordingly, an officer not below the rank of Secretary in the Home

Department is directed to fur