The Delhi High Court in the case Adv Shiv Kumar vs. Union Of India And Ors observed and 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 the same would result in issuance of such licenses indiscriminately.
The bench headed by Justice Prathiba M Singh in the case observed and has stated in an order passed in the month of May 22 wherein an application was moved by an Advocate wo is merely being based on the ground of appearance on behalf of the accused persons, in the opinion of this Court and the same would not be sufficient to grant the arm license.
The court in the case observed that arms licence being the creation of the Arms Act, 1959 and that the Licensing Authority is being vested with the discretion whether license is to be granted or not as the same depends on the facts and situation in each case.
The court observed and has stated that that the Licensing Authority has to assess the threat perception and the reasons for the request for a license which has been given by the concerned applicant and the same being after assessing the same that such a license can be issued.
The bench of Justice Singh in the case observed wherein an application is moved by a lawyer Shiv Kumar wherein seeking issuance of an arms license by the Joint Commissioner of Police the Licensing Under the Arms Act, 1959. Further, the petitioner in the plea challenged the order passed by the Lieutenant Governor on 30.11.2022, wherein the court rejected the application moved by him seeking arms license
Therefore, the court in the case upheld the impugned order and has observed that the refusal to grant of arms license was being well reasoned.
Further, the court in the case stated that perceived weakness of the State, which is one of the grounds, wherein it has been argued by the Petitioner for seeking the arms license, if it is being accepted, the same would result in recognition of a right to own a fire arm. Therefore, this recognition leads to the issuance of a licence and unbridled owning of fire arms, could also pose a threat to the safety and the security of the other citizens, which the Licensing Authority would have to keep in mind while allowing or rejecting the arms license.