- (1.) The petition is for quashing of the first order dated 22.03.2010/01.04.2010 issued by the Secretary, Department of Home Affairs, Civil Secretarial, Chandigarh and the order issued on 15.02.2010 of the third respondent, who is arrayed as the District Magistrate, Patiala. The contention in the petition is that he had an arms licence upto 16.05.2008 and when he had applied for a renewal, the District Magistrate had passed an order on 15.02.2010 addressing it to the Secretary (Home), Government of Punjab, Chandigarh that the original of the prohibited bore arms licence and other documents filed along with it were required to be cancelled. The order set out the justification for the cancellation, as on the basis of the report from the ADGP (Intelligence), Punjab, it was revealed that there had been 11 criminal cases registered against the petitioner out of which there was non compliance report in 6 cases and cancellation report in 5 cases. In one case, the cancellation report had not been sanctioned by the Court. The District Magistrate observed that keeping in view the criminal record of the licence holder, it was 'not recommended to renew the licence'. It also referred to the fact that show cause notice issued to the petitioner and the reply had also been received by him along with the comments of the ADGP, who recommended not to renew the arms licence.
(2.) The Home Secretary, Chandigarh, the 2nd respondent herein, has sent a letter that bears an endorsement of the Under Secretary on 22.03.2010 and his own endorsement on 01.04.2010 addressed to the 1st respondent approving the cancellation of the licence as recommended by the District Magistrate, Patiala.
(3.) The petitioner's grievance is that the criminal cases had all been foisted against him by his political rival and there was not any one case where he had been convicted of any criminal offence. According to him, mere pendency of a criminal case or lodging of FIR could not be treated as a ground for cancellation of the licence.;