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Advocates Appearing On Criminal Side Can’t Claim A Right To Own Arms License: Delhi High Court
Nupur Thapliyal
24 May 2023 1:00 PM GMT
The Delhi High Court has ruled that the lawyers appearing on the criminal side for an accused or the prosecution cannot claim a right to own an arms license as it could result in issuance of such licenses indiscriminately.“An application by an advocate merely based on the ground of appearance on behalf of the accused persons, in the opinion of this Court, would not be sufficient to grant...
The Delhi High Court has ruled that the lawyers appearing on the criminal side for an accused or the prosecution cannot claim a right to own an arms license as it could result in issuance of such licenses indiscriminately.
“An application by an advocate merely based on the ground of appearance on behalf of the accused persons, in the opinion of this Court, would not be sufficient to grant an arms license,” Justice Prathiba M Singh said in an order passed on May 22.
The court observed that arms licence is a creation of the Arms Act, 1959 and that the Licensing Authority is vested with the discretion whether license is to be granted or not, depending on the facts and situation in each case.
“The Licensing Authority has to assess the threat perception and the reasons for the request for a license which has been given by the applicant concerned. It is only after assessing the same that such a license can be issued,” the court said.
Justice Singh was hearing a plea moved by a lawyer Shiv Kumar seeking issuance of an arms license by the Joint Commissioner of Police (Licensing) under the Arms Act, 1959. The plea challenged the order passed by the Lieutenant Governor on November 30, 2022, rejecting his application seeking arms license.
Disposing of the plea, the court upheld the impugned order and observed that the refusal of grant of arms license was well reasoned.
“The perceived weakness of the State, which is one of the grounds, which the Petitioner has urged for seeking the arms license, if accepted, would result in recognition of a right to own a fire arm. This recognition leading to issuance of a licence and unbridled owning of fire arms, could also pose a threat to the safety and security of the other citizens, which the Licensing Authority would have to keep in mind while allowing or rejecting the arms license,” the court said.
Title: ADV. SHIV KUMAR v. UNION OF INDIA AND ORS.
Citation: 2023 LiveLaw (Del) 438
