Sr. No. 83 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP( C) No.2593/2023 Reserved on: 23.07.2025 CM No.6122/2025 Pronounced on: 08.08.2025 Wajid Bashir Khan, Age 40 years S/O Bashir Ahmed Khan R/O Village Sakhi Maidan, Tehil Mendhar, District Poonch. …………Petitioner Through: Mr. N. D. Qazi, Advocate.

Mr. Waseem A. Mir, Advocate.

Vs

1. Union Territory of Jammu & Kashmir through Secretary, Home Department, Civil Secretariat, Jammu.

2. Divisional Commissioner, Jammu.

3. District Magistrate, Poonch.

4. Senior Superintendent of Police, Poonch.

5. SDPO, Mendhar, District Poonch.

6. Station House Officer, Police Station Mendhar, District Poonch.

..……Respondents Through: Mrs. Monika Kohli, Sr. AAG.

CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE

JUDGMENT

1. The petitioner, through the medium of this petition, seeks the following reliefs:-

i) Writ of certiorari to quash the Order dated 27.05.2023 passed by Divisional Commissioner, Jammu in case titled Wajid Bashir Khan Vs. District Magistrate, Poonch in File No.2022-23;

ii) Writ of certiorari to quash the Order No.DMP/J/3267-68 dated

23.12.2017 issued by the respondent No.3 by virtue of which the representation of the petitioner seeking restoration of his Arms License has been rejected illegally, arbitrary and without taking into consideration the judgments mentioned in the representation;

&

iii) Writ of Mandamus commanding and directing the respondents particularly respondent No.3 to reconsider the case of the petitioner for restoration of his Arms License No.119/C/DMP/2009 dated 08.03.2010 which has been revoked by virtue of Order No.DMP/J/3267-68 dated 23.12.2017 passed by respondent No.3.

2. The case set up in the petition is that the petitioner is an elected DDC member from 08 Mendhar (B) Constituency of Poonch District; that he had applied for issuance of Arms License for self protection and accordingly, after getting all the verifications done, respondent No.3 issued Arms License No.119/C/DMP/2009 dated 08.03.2010 in favour of the petitioner.

3. The petitioner alleged that he was implicated falsely and frivolously in a criminal case registered vide FIR No.208/2017, with the Police Station Mendhar; that on the basis of a communication dated 07.12.2017 of Senior Superintendent of Police, Poonch addressed to District Magistrate, Poonch, requesting therein that as per intimation of SDPO Mendhar, the petitioner along with some others is involved in case FIR No.208/2017 of Police Station Mendhar, who was in possession of a pistol at the time of their attack upon Tehsildar Mendhar, so his license may be cancelled to avoid any untoward incident in future; and that acting upon the request of SSP Poonch, District Magistrate Poonch, vide Order dated 23.12.2017 revoked the license issued in favour of the petitioner.

4. Thereafter the petitioner represented before District Magistrate for cancellation of revocation Order dated 23.12.2017 but the District Magistrate, Poonch, rejected his representation on 03.01.2023 being devoid of merits; that the appeal was preferred against Order dated 03.01.2023, which also came to be dismissed by the Divisional Commissioner, Jammu vide Order dated 27.05.2023, holding that the District Magistrate, Poonch has rightly cancelled the license of the petitioner keeping in view the „security of public peace‟ or „for public safety‟.

5. Petitioner seeking quashment of impugned Orders dated 23.12.2017 passed by respondent-DM & 27.05.2023 passed by respondent-Divisional Commissioner challenged the same on the ground that respondent Nos.2 & 3 have not taken into consideration the judgments mentioned in his representation, which stipulates that there remains no quarrel in the legal position that pendency of a criminal case cannot be cited a ground for cancellation/ suspension of Arms License under Section 17 of the Arms Act, 1959; that the report submitted by the SHO concerned in which it has been categorically stated that during the course of investigation and as per the statements