K S ABDULLA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The larger question that has been debated in this writ petition is whether the refusal of licence to the petitioner for a gun under S.14(1)(b)(ii) of the Arms Act 1959 was justified or proper. After bearing Counsel, I am satisfied that without going into this larger question, this writ petition can well be disposed of on a shorter and narrower ground.

(2.) Ext. P1 is a copy of the petitioner's application for licence for a gun (pistol). It sets out the reasons why the petitioner felt it necessary to be in possession of a pistol. The application was rejected by Ex. P2 order, passed by the Special Secretary to Government, which reads:

(3.) That takes me to the larger question agitated in this writ petition namely, that even in refusing an application or a licence on the ground that it was in the interest of the public, or public safety to grant one, the licensing authority was bound to observe the principles of natural justice and to afford an opportunity to the petitioner to make his representations before be was denied the licence sought for, on grounds which appeared to the licensing authority to render him unfit for the grant. The relevant statutory provisions in so far as they are material read thus: