PRATIBHA CHOUHAN Vs. STATE OF M P

JUDGEMENT

(1.) Hon'ble the Chief Justice has made following reference before this Full Bench:

(2.) Consequently, the Hon'ble Chief Justice ordered constitution of this Full Bench and referred the questions for consideration.

(3.) Learned counsel appearing on behalf of the petitioners have contended that the State Government or its authorities have no power and authority to issue any instruction in regard to grant or refusal of arms licence or grant or refusal to renew the arms licence because it is a subject-matter of Union list. It is further submitted that the instructions issued by Home Department in this regard are contrary to law. It has further been contended that the Indore Bench in Writ Petition No. 11058/2010 (Smt. Sakina Bandookwala v. State of M.P. and others), and Writ Petition No. 8715/2011 (Mulla Sabbir Hussain and others v. State of M.P.), and Smt. Sakinabai v. State of M.P. and others, 2001 1 MPHT 445 has decided the correct law. The judgment of the learned Single Judge in Smt. Sakinabai , has further been affirmed by the Division Bench of this Court in Writ Petition No. 1205/2012, Writ Petition No. 18914/2012 and Writ Petition No. 11209/2011. Hence, the decision in the case of Smt. Sakinabai , is the correct proposition of law. In support of their contentions, learned counsel relied on the following judgments: