ASHOK Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner, allegedly working as a Cashier at M/s Jai Kishan Sewa Kendra, retail outlet of Bharat Petroleum at Village Hatt, Safidon, applied for arms licence on Form 'A' on 17.4.2012.

(2.) According to him, when the respondents did not decide his application, he sought an information under the Right to Information Act, 2005 and came to know that his case has not been recommended by the Police, therefore, he filed CWP No.5091 of 2013 in which communication issued by the Superintendent of Police, Sonepat dated 14.5.2012 was set aside and the Superintendent of Police, Sonepat was directed to look into the matter and after holding an appropriate enquiry submit the report to the District Magistrate, Sonepat, who was further directed to pass a speaking order regarding the entitlement of the petitioner for the issuance of the arms licence. Pursuant to the order dated 26.8.2013, passed by this Court in CWP No.5091 of 2013, Superintendent of Police, Sonepat reported to the District Magistrate, Sonepat on 27.12.2013 that the matter has been enquired into again by the local Police Station, Baroda and it has been found that the petitioner is not facing any imminent threat and danger to his life and property and his application for arms licence was only for procuring a job and thus it was not recommended. The District Magistrate, Sonepat, vide his order dated 16.1.2014, filed the application of the petitioner while referring to the guidelines issued vide letter No.V- 11016/16/2009 by the Home Ministry, Government of India and also the report of the Superintendent of Police, Sonepat. The said order dated 16.1.2014 was challenged by the petitioner by way of a statutory appeal, in terms of Section 18 of the Arms Act, 1959 [for short 'the Act'] which was dismissed by the Commissioner, Rohtak Division, vide his order dated 20.3.2015, inter alia, on the ground that holding of arms licence is merely a privilege and not a right and that the State Government or its authorities are competent to issue executive instructions to formulate conditions for the issuance, renewal or varying the arms licence.

(3.) Aggrieved against both the orders passed by the District Magistrate dated 16.1.2014 and the Commissioner, Rohtak Division dated 20.3.2015, the present petition has been filed.