MUMTAZ ALI KHAN Vs. DISTRICT MAGISTRATE ALIGARH

JUDGEMENT

(1.) THIS is a strange case where the petitioner complains that for no reasons whatsover, he has been required by an order of the Additional District Magistrate, Aligarh, to deposit his rifle which he possesses and retains in pursuance of a valid arms' license. Strange still is the defence of the State respondents in the counter-affidavit. A perusal of the counter-affidavit conveys the impression to the Court that a gentleman and those who live by the law. cannot possess arms as in no uncertain terms the counter-affidavit accepts that the petitioner is a God-fearing man, a gentleman and possesses a sobre attitude towards life and he has a doctrate in Persian language. But, the counter- affidavit of the State submits that the petitioner is an old man, and does not need arms and his capacity to retain arms safely, or for that matter handle arms has been weighed by the authorities concerned and in the circumstances, they come to the conclusion that the petitioner be required to deposit his rifle. The counter- affidavit which has been apparently filed by an arms clerk of the Collector makes a ridiculous reading and ridicules the law. No law says that an old man may not be possessed of fire-arms. Those who violate the law and possess fire-arms without a valid license, in a generality, are required to deposit their fire-arms. In so far as the petitioner is concerned, the respondents accept that he has done nothing and, in fact, it is acknowledged by the respondents that he is a gentleman and God-fearing man and a man who lives by the law. The Court has been left with no option but to quash the order of the Additional District Magistrate, Aligarh, dated 6/11 March, 1986. The petitioner will continue to possess his fire-arms, unless any thing overt is brought to the knowledge of the respondents so as to suggest that the petitioner has violated the terms of the license which permit him to hold his fire-arms, does not live by the law.

(2.) THE petitioner will also be entitled for renewal of his arms license in continuity which the respondents shall receive and pass appropriate orders incompatible with the law.