No Fundamental Right To Possess Firearms, Grant Of Arms Licence Lies Within Executive Discretion: Delhi High Court

The Delhi High Court has observed that there is no fundamental right to possess firearms under the Constitution of India, holding that the grant of an arms licence is a matter falling squarely within the domain of executive discretion under the Arms Act, 1959 and the Arms Rules, 2016.

Justice Purushaindra Kumar Kaurav made the observation while dismissing a petition challenging the rejection of an application for grant of an arms licence.

The petition was filed by a parking contractor who claimed that owing to repeated incidents of intimidation and violence at parking sites managed by him, he faced grave threats to his life and safety and therefore required an arms licence for self-protection.

Rejecting the plea, the Court said that “self-protection, in itself, is not sufficient justification for the grant of an arms licence”, particularly where the local police did not recommend issuance of the licence in terms of Rule 12 of the Arms Rules, 2016.

The Court said that under Rule 12 of the Rules, the licensing authority is duty-bound to consider the recommendations of the district magistrate and the report by the concerned police, and to verify to its satisfaction from its own source, that the applicant requires a license.

“Therefore, it is seen that the statutory framework confers the licensing authority with a wide degree of discretion in granting licenses, and also specifies the manner in which such discretion is to be exercised, i.e., consideration of reports of other authorities. Such discretion falls within the domain of the executive. The Court cannot substitute its own opinion in place of the opinion of the executive authority,” the judge said.

“In the present case, the respondent has not transgressed the power conferred under the Act and the Rules. In fact, the reason cited for the refusal to grant the license, i.e., the report of the police, is in line with Rule 12 of the Rules. Furthermore, there does not exist any fundamental right to possess firearms, under the Constitution of India,” the Court added.

Furthermore, the judge said that rampant directions for issuance of arms licenses may create a total anarchy in the society which is avoidable.

The Court said that merely because the petitioner was operating parking sites and was involved in various incidents would not itself be the sole reason to direct the grant of an arms license.

“There may be various similarly situated parking operators where untoward incidents occur occasionally. However, the duty to secure the safety of the public, including the petitioner, is of the law and order machinery of the State,” the judge concluded.

Title: SH. SUNIL KUMAR v. JOINT COMMISSIONER OF POLICE

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