HANSRAJ SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE American Constitution visualizes a "well regulated militia" it "being necessary to the security of a free State" and the second amendment to the American Constitution recognised "the right of the people to keep and bear arms" and that it "shall not be infringed". In construing the aforesaid provision the Supreme Court of the United States in Presser v. Illinois, 1884-85 (116 US 225) observed as under :

(2.) WE in our Republic do not have any such provisions and even in the United States that aforementioned constitutional right has come in adverse criticism as gun totting gangsterism and mafia has been adversely commented upon. We in this country have a right to possess the arms but this is a statutory right and is subject to all those limitations which the Arms Act, 1959 (hereinafter referred to as the 'Act') provides. Ordinarily a citizen is entitled to possess any property of his choice subject however to the statutory limitations which have in their background 'public interest'. The power of the licensing authority to suspend or revoke the licence once granted is less circum or rigid than the power of licensing authority to refuse the renewal of licence. The distinction is not far to see under section 15(3) of the Act, a citizen has a right of renewal from time to time for the period originally granted subject to the limitations and conditions provided in sections 13 and 14(1)(b)(2)(3) and (ii) of the Act but under Section 17 the licensing authority has the right to revoke or suspend the existing licences on grounds mentioned in section 17(3)(a)(b)(c)(d) and (e) which also include the grounds mentioned in section 14(i)(b)(ii) of the Act.

(3.) THE facts in each of the case may be noticed.