'Sombre Moment In Judicial Chronicles': Allahabad HC On Young Advocate Carrying Firearm Inside Courtroom For Life Protection

The Allahabad High Court held that it is obligatory for the licensing authority under Section 17(3)(b) of the Arms Act, 1959 to revoke or suspend a license, whenever there is a threat to Public Peace or Public Safety. The High Court also barred Lawyers/ Litigants from carrying arms inside court premises across UP.The Court has held that lawyers and litigants cannot be permitted to carry arms inside the court premises as would be clearly a threat to public peace or public safety in the Court premises and adversely affect the administration of justice. Arms license of any person other than that of armed forces on duty in the Court premises, found to carry arms inside the Court premises shall be cancelled.While dealing with a case of cancellation of the arms license of a young lawyer, Justice Pankaj Bhatia observed “It is a sombre moment in the judicial chronicles when a lawyer, having practiced for a mere two years, harbors the misguided notion that wielding arms within the courtroom is essential for professional success. This sentiment reflects a concerning departure from the principles of legal practice, undermining the integrity and decorum of the judicial process. Such beliefs run counter to the foundations of a fair and just legal system, emphasizing the need for a re-evaluation of values within the legal profession.”Factual BackgroundThe petitioner, enrolled as an advocate in 2018, was charged with offence under Section 188 IPC (Disobedience to order duly promulgated by public servant) read with Section 30 (Punishment for contravention of licence or rule) of The Arms Act, 1959 for carrying arms in Court premises. Though a show cause notice was served upon the petitioner, he never replied. Taking note of general directions issued by the High Court on 02.01.2020 in Public Interest Litigation (PIL) No.2436 of 2019 In Re Suo Moto Relating to Security and Protection in All Court Campuses in the State of U.P., the licensing authority proceeded to cancel the arms licence of the petitioner. In appeal, the petitioner pleaded that he was unaware that carrying an armed license was not permitted in court premises, and would not do so in future. He also pleaded that he was singled out for initiation of proceedings for cancellation of his arms license. Relying on the decision of the Allahabad High Court, the appeal was dismissed. It was also stated that he was facing a criminal trial. Petitioner challenged the dismissal of the appeal on the grounds that the right to keep arms is a right under Article 21 of the Constitution of India, necessary for the preservation of life, liberty and property. It was argued that being a practising advocate, petitioner's life was in danger due to “annoyance of parties to litigation.” It was contended that there was no threat to public peace or public safety to cancel the arms license of the petitioner. Counsel for the State argued that the petitioner claiming to be a young lawyer has no respect for upholding the law as he was carrying a firearm in the court premises and did not reply to the show cause notice issued by the licensing authority. It was argued that the petitioner had accepted the charges made out in the charge-sheet, and cannot be permitted to claim negative equality by arguing that he was singled out. It was further contended that grant of arms license is a privilege and not a right. The license of the petitioner was rightly cancelled in terms of the mandate of the Arms Act as well as the General Rules (Civil) and the general directions issued by the High Court. High Court VerdictAnalysing the Arms Act and Rules framed thereunder, the Court held that under Sub-Rule 3 of Rule 32 of the Arms Rules 2016, carrying a firearm in a firearm-free zone is strictly prohibited and can lead to an additional ground to revocation of the license and seizure of firearm in addition to the penalty prescribed under the Act.The Court also observed that Rule 614-A of General Rules (Civil) which regulates the working of civil courts in the State prohibits any person, other than police personnel on duty, from carrying arms (as defined in Arms Act) within court premises. The Court observed that the restriction applies to the entire court premises barring the residential quarters of officers/staff. Accordingly, the Court framed three issues: I. Whether right to carry arms is a fundamental right guaranteed under Article 21 of the Constitution?II. Whether carrying of arms in Court premises is permissible by the lawyers who claim that law profession is typical and is challenging due to the annoyance of parties to litigation?III. Whether the carrying of arms in Court premises can lead to cancellation of arms license under Section 17 read with the Arms Rules?Relying on the full bench decisions of Allahabad High Court in Kailash Nath and Ors. v. State of U.P. & Ors and Rana Pratap Singh v. State of U.P., Justice Bhatia held that “arms license is merely a privilege granted by the State and is not a...

'Sombre Moment In Judicial Chronicles': Allahabad HC On Young Advocate Carrying Firearm Inside Courtroom For Life Protection

Upasna Agrawal

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