The Delhi High Court ruled that criminal defence lawyers representing an accused person or the prosecution cannot assert their right to possess a weapons licence since doing so may lead to the indiscriminate issuance of such licences.
On May 22, Justice Prathiba M. Singh issued a ruling in which she said that “in the opinion of this Court, an application by an advocate merely based on the ground of appearance on behalf of the accused persons would not be sufficient to grant an arms licence.” [1]
The court noted that the Arms Act of 1959 gave rise to the concept of an arms licence and that, depending on the particular facts and circumstances of each case, the Licensing Authority has the discretion to grant or deny a licence.
The threat perception and the justifications provided by the applicant in question for their request for a licence must be evaluated by the licensing authority. Such a licence can only be issued after the assessment of the same, the court stated. [2]
Shiv Kumar, a lawyer, filed a petition with Justice Singh asking for the Joint Commissioner of Police (Licensing) to provide a weapons licence pursuant to the Arms Act of 1959. The petition contested the Lieutenant Governor’s decision to deny the applicant’s request for an arms licence, which was made on November 30, 2022.
In its decision on the plea, the court affirmed the contested order and noted that the refusal to award an arms licence was properly supported by the evidence. [3]
If accepted, the petitioner’s claim about the perceived weakness of the State—one of the arguments he makes for getting an arms license—would lead to the recognition of the right to possess a weapon. This recognition, which results in the issuance of a licence and the unrestricted possession of fire weapons, may also pose a threat to the safety and security of other people, which the Licensing Authority must take into account when granting or denying the arms licence, the court ruled. [4]
(CASE TITLE: ADV. SHIV KUMAR v. UNION OF INDIA AND ORS.)
Written by- Himanshu Mishra, a student at St. Mother Teresa Law Degree College, Lucknow, 2nd Semester, an intern under Legal Vidhiya.
References:
[1] LIVE LAW, https://www.livelaw.in/high-court/delhi-high-court/delhi-high-court-advocates-right-arms-license-arms-act-229396 (last visited on 26th MAY 2023);
[3] BAR AND BENCH, https://www.barandbench.com/news/lawyers-appearing-for-criminals-cannot-claim-right-to-own-firearm-licence-delhi-high-court (last visited on 26th MAY 2023);
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