The Allahabad High Court has clarified that pending criminal proceedings alone cannot serve as grounds to revoke a firearms licence.
Justice Prakash Padia delivered the ruling while addressing the petition of Anurag Jaiswal, who challenged the cancellation orders issued by the District Magistrate of Jaunpur and the Commissioner of Varanasi.
Under Section 17(3) of the Arms Act, a licence may only be revoked if the firearm poses a threat to public peace or safety.
The court emphasised that the legal framework does not allow authorities to cancel licences based solely on the pendency of a criminal case.
The High Court set aside the previous cancellation orders and instructed the District Magistrate of Jaunpur to pass a fresh decision within two months, adhering strictly to the statutory provisions of the Arms Act.
The court observed that the petitioner had no allegations of firearm misuse against him and posed no threat to public order or safety.
“The mere pendency of a criminal case cannot serve as a ground for cancellation of a firearm licence. Licence revocation is permissible only when a risk to public peace or safety arises,” the judgment stated.
Clarifying the Legal Position
The court further noted that personal enmity or disputes between individuals cannot automatically justify concerns over public safety.
In referencing the Supreme Court’s decision in Suresh Singh Yadav v Union of India, it reaffirmed that pending criminal cases do not constitute valid grounds for licence cancellation.
The petitioner, Anurag Jaiswal, had argued that he required the firearm for personal security and that his conduct did not endanger the community. The High Court upheld this claim, underscoring the principle that legal safeguards protect citizens’ rights under the Arms Act.
This ruling reinforces the balance between public safety and individual rights, clarifying that authorities must rely on demonstrable risks rather than the mere existence of criminal charges when considering firearms licence cancellations.
Legal experts say the judgment sets a precedent ensuring that administrative actions comply with statutory requirements and do not arbitrarily infringe upon citizens’ rights.
The High Court’s directive to re-evaluate licence cancellations in accordance with the law strengthens procedural fairness and the rule of law in Uttar Pradesh.
By distinguishing between pending cases and actual threats to public order, the judgment provides clarity for both authorities and license holders across the state.
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