Lawyers cannot claim right to own firearm licence merely because they are appearing in criminal cases: Delhi HC

Team SoOLEGAL 31 May 2023 3:34pm

Lawyers cannot claim right to own firearm licence merely because they are appearing in criminal cases: Delhi HC

New Delhi: The Delhi High Court ruled on Monday that all criminal lawyers appearing for the accused or the prosecution cannot claim the right to own a firearm licence [Adv Shiv Kumar vs Union of India and Ors.].

According to Justice Pratibha M Singh, if all criminal lawyers claimed the right to own arms licences, it could result in the issuance of arms licences indiscriminately.

"Arms licence is a creation of the statute and the licensing authority is vested with the discretion whether to grant or not grant such a licence, depending upon the fact situation in each case. All lawyers/advocates who are appearing on the criminal side for the accused or the prosecution cannot claim a right to own an arms licence, inasmuch as this could result in issuance of arms licenses indiscriminately," the Court noted.

The Court was hearing a petition by Advocate Shiv Kumar challenging an order of the Lieutenant Governor of Delhi that denied his application for a firearm licence.

Appearing in person,, he argued that if none of the grounds under Section 14 of the Arms Act are established, the arms licence must be issued.

Respondents, on the other hand, argued that there can be no right to an arms licence, which is essentially a privilege, citing the Delhi High Court's decision in Yashpal Singh v. Licencing Authority.

The Court pointed out that the orders issued by the licencing authority and the appellate authority demonstrated that proper and due consideration was given to the petitioner's various facts.

It also noted that the perceived weakness of the State, which was one of the petitioner's reasons for seeking the arms licence, if accepted, would result in recognition of the right to own a firearm.

This recognition, which leads to the issuance of a licence and the unrestricted possession of firearms, could endanger the safety and security of other citizens, according to the Court.

The Court stated that the licencing authority must assess the threat perception as well as the reasons for the applicant's request for a licence.

In that context, it stated that an application by an advocate solely on the basis of appearance on behalf of accused persons would not be adequate to grant an arms licence.

As a result, the Court determined that the challenged order did not warrant interference and dismissed the plea.

Tagged: Lawyers  
Did you find this write up useful? YES 0 NO 0

C2RMTo Know More

Something Awesome Is In The Work









Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail