- (1.) Heard Sri Mohd. Umar Khan, learned counsel for the petitioner and the learned standing counsel for the respondents. Through this writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 5.2.2015 passed by the District Magistrate, Shamli and the order dated 28.5.2015 passed by the Commissioner, Saharanpur Division, Saharanpur. Vide order dated 5.2.2015 the petitioner's fire arm licence was cancelled by the District Magistrate while deciding Case No. 7/2012-13 (State vs. Shahid) whereas by the subsequent order dated 28.5.2015 the Commissioner, Saharanpur Division Saharanpur has dismissed the appeal No. 02 of 2015 C2015090000228 (Shahid vs. State) filed by the petitioner against the order of cancellation order dated 5.2.2015. While assailing the impugned orders, learned counsel for the petitioner contends that the petitioner's fire arm licence has been cancelled on vague ground only on the basis of the police report without any concrete material to show that the petitioner has ever opened fire from his revolver or misused the fire arm, therefore, the impugned orders cannot be sustained in the eye of law.
(2.) The facts giving rise to the present case are that the petitioner is a licence holder of Fire Arm Licence No. 4872 (Revolver). Against him a show cause notice was issued on 18.2.2013 requiring the petitioner to file his reply to the report submitted by the Station Officer, P.S. Kotwali, district Shamli. Show cause notice dated 18.2.2013 is not on record. However, the petitioner has annexed another notice issued to him on 14.6.2014 by the Sub Divisional Magistrate, Shamli. The petitioner has filed reply to the show cause notice denying the allegations made in the show cause notice. Since the notice has not been annexed with the writ petition and the District Magistrate, Shamli, in his order dated 5.2.2015, has not discussed the contents of the notice, therefore, the reason for issuing show cause notice can only be gathered from the petitioner's reply and the observations made by the District Magistrate in his order. From the perusal of which, it transpires that in the Panchayat election on 12.3.2013, the petitioner had opened fire amongst public by showing his anger/anguish. The date on which he opened fire, section 144 of the Cr.P.C. was in force and in this way, the petitioner has misused his firearm. In the reply, the petitioner has denied the allegations of opening fire. The First Information Report was lodged by the respondent, being case crime no. 23/13 under section 188 Cr.P.C. (State Vs. Manish). It is stated that the petitioner is an employee in V.V. Inter College, Shamli and resides in Village Gulshan Nagar, Shamli, therefore, there was no occasion for him to open fire. Considering the contends of the show cause notice and the petitioner's reply, the District Magistrate, vide order dated 5.2.2015, cancelled the petitioner's firearm licence on the ground that the petitioner is a man of ill-repute and since he has misused his firearm, therefore, in the public interest, it would not be proper to continue his firearm licence. Aggrieved by the aforesaid order, the petitioner filed Appeal No. 02 of 2015/C-2015090000228 (Shahid Vs. State of U.P.). The appeal too has been dismissed by the Divisional Commissioner.
(3.) It is submitted by the learned counsel for the petitioner that on the vague assertions, without there being any plausible reason, the petitioner's firearm licence has been cancelled, which cannot be sustained in the eyes of law. Refuting the submissions of learned counsel for the petitioner, learned standing counsel submits that since the petitioner has opened fire on the eve of the election in the midst of public and terrorized the atmosphere, therefore, no infirmity can be attached to the impugned orders passed by the District Magistrate as well as the Divisional Commissioner. I have heard learned counsel for the parties and perused the records. For appreciation, it would be necessary to go through the relevant provisions, under which firearm licence can be suspended / cancelled. Section 17 of the Arms Act deals with eventualities under which fire arm can be cancelled, which is reproduced hereinunder: "17. Variation, suspension and revocation of licences.- (1) The licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the licence-holder by notice in writing to deliver-up the licence to it within such time as may specified in the notice. (2) The licensing authority may, on the application of the holder of a licence, also vary the conditions of the licence except such of them as have been prescribed. (3) The licensing authority may by order in writing suspend a licence for such period as it thinks fit or revoke a licence:- (a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this Act; or (b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence; or (c) if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for it; or (d) if any of the conditions of the licence has been contravened; or (e) if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver-up the licence." 3. From the perusal of the aforesaid provisions, it appears that the power has been exercised by the District Magistrate vested in him under sub-clauses (b) & (d) of sub-section (3) of section 17, i.e., for the reason to secure public peace and public safety and breach of conditions of firearm licence. Undoubtedly, if a firearm licencee in any way, disturbs the public peace and safety and breaches the conditions of firearm licence, the Licensing Authority may exercise his/her power and suspend/cancel the firearm licence, but the question would be on what parameters, satisfaction with regard to the breach of public peace and public safety and breach of conditions of firearm licence can be accorded or arrived at Here in this case, as would appear from the impugned order passed by the District Magistrate, Shamli, the police report contains that the petitioner has opened fire and terrorized the atmosphere while section 144 of the Cr.P.C. was in force. A First Information Report, to that extent, was also lodged, but the petitioner, in his reply, has stated that the First Information Report is unnamed. The District Magistrate, while passing the impugned order dated 5.2.2015, has no where recorded that in the First Information Report, petitioner is named and he has misused the firearm. Undoubtedly, the Licensing Authority is vested with the power of suspension / cancellation of the firearm licence, but the power has to be exercised in a judicious manner. A Division Bench of this Court in the case of Satish Singh Vs. District Magistrate, Sultanpur,2009 4 ADJ 33 (LB), has observed as under:- "Needless to say that right to life and liberty are guaranteed under Article 21 of the Constitution of India and the arms licenses are granted for personal safety and security after due inquiry by the authorities in accordance with the provisions contained in Arms Act, 1959. The provisions of section 17 of the Arms Act with regard to suspension or cancellation of arms licence cannot be invoked lightly in an arbitrary manner. The provisions contained under section 17 of the Arms Act should be construed strictly and not liberally. The conditions provided therein, should be satisfied by the authorities before proceeding ahead to cancel or suspend an arms licence. We may take notice of the fact that for any reason whatsoever, the crime rate is raising day by day. The Government is not in a position to provide security to each and every person individually. Right to possess arms is statutory right but right to life and liberty is fundamental guaranteed by Article 21 of the Constitution of India. Corollary to it, it is citizen's right to possess firearms for their personal safety to save their family from miscreants. It is often said that ordinarily in a civilized society, only civilized persons require arms licence for their safety and security and not the criminals. Of course, in case the Government feels that arms licence are abused for oblique motive or criminal activities, then appropriate measures may be adopted to check such mal-practice. But arms licence should not be suspended in a routine manner mechanically, without application of mind and keeping in view the letter and spirit of section 17 of the Arms Act.";