DINESH KUMAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Should a person be granted a firearm licence only if he or his family or property has been subjected to a serious crime but has been fortunate enough to survive? Can it be said that "personal safety and security" does not constitute by itself a good ground for demanding a firearm licence unless identity of the person or the persons from whom the applicant apprehends threat to life or property and also specifies the time, place etc. of such incident likely to occur or he or his family must have been a victim of crime endangering the life of himself or his family members or safety of his property which would fortify his claim of personal safety and security and not otherwise ? Can the requirement of "good reasons" for grant of firearm licence under Section 13 of Arms Act, 1959 (hereinafter referred to as "Act, 1959") be restricted or narrowed down by an executive order issued by Government, Central or State, as the case may be, and consideration on the part of Licensing Authority be circumscribed accordingly?

(2.) These are a few questions which are engaging attention of this Court in these cases. These issues are visiting this Court very frequently and almost everyday, therefore they are of multi-importance to the litigating public at large.

(3.) The facts in both the writ petitions are very simple and straight. The petitioners applied for grant of firearm licence giving reason therefor "personal safety and security". Their applications have been rejected by District Magistrate, Deoria and the appeal preferred by them have been rejected by Commissioner, Gorakhpur Division, Gorakhpur.