The Orissa High Court has ruled that mere registration of a First Information Report cannot justify cancellation or refusal to renew an arms licence. The court said that the authorities must prove in writing with reasons that the license holder poses a real threat to safety and public safety before activating his powers under the Arms Act.
Justice AK Mohapatra delivered the ruling on Friday, setting aside the order of an additional district judge upholding the cancellation and then refusal to renew the arms license of businessman Sambit Badi based on his alleged involvement in a criminal case.
In 2022, an FIR was lodged against Padhy for alleged illegal possession of chromite and coke.
Justice AK Mohapatra ruled that merely registering an FIR is not enough. “The competent authority must be certain that the licensee was involved or participated in the alleged crime, or that the licensed weapon was used in the commission of this crime.”
Buddy was licensed from August 2019 to August 2022 for a .32 caliber handgun for personal security. Apply for license renewal in August 2022.
The Supreme Court indicated that there was no allegation that Badi used his licensed firearm to commit any crime, nor was there any indication that he assaulted or threatened any person. She said that the reasons for refusing a license do not fall within those mentioned in Article 17 of the Weapons Law.
“Once a license has been lawfully granted, Section 15(3) of the Arms Act confers a limited right to renewal; the burden is on the authorities to justify non-renewal in writing. “The authorities could not have rejected the application for renewal of the weapons license due to the presence of a pending criminal case, without assessing the seriousness of the offense and without concluding that the petitioner is a hardened criminal and granting a gun license in his favor would disturb the peace in the area,” the Supreme Court said, adding that Badi did not misuse his firearm.
The court canceled the cancellation and appeal order. It again referred the matter to the Additional District Magistrate of Khurda for further consideration in accordance with Sections 13, 14 and 17 of the Arms Act. She ordered Badi to appear before a judge within two weeks to obtain a “argument and reasoned order” within four weeks.
