Holding Firearm Licence Not A Fundamental Right; Commission Of Offences Not The Only Ground For Cancellation: J&K&L High Court

A petition was filed by the DDC member challenging the cancellation of his arms licence.

A bench of Justice M.A. Chowdhary held, “Holding licence of a fire arm, is not a fundamental right. Refusal to grant licence on the ground of being unfit should be for very strong reasons like involvement of the applicant in heinous crime. Though it is a beaten law that mere involvement in a criminal case cannot be a sole ground for cancellation of arms licence, as argued by learned counsel for the petitioner, however, commission of offences is not the only ground which justifies cancellation of licence.”

The Court noted that the matter involved an incident reported not through a private complaint but by an Executive Magistrate, and that the incident had occurred in the presence of high-ranking administrative and police officers, including the Sub-Divisional Magistrate (SDM) and the Sub-Divisional Police Officer (SDPO).

The allegation against the petitioner dated back to November 2017. According to the prosecution’s version, the petitioner and another individual obstructed an anti-encroachment drive being carried out in the Mendhar market area. During the confrontation, the petitioner allegedly pointed his licensed pistol at the Tehsildar and the accompanying officials, threatening them with serious consequences.

The Court remarked strongly on the petitioner’s conduct, observing that he “had the cheeks to show such courage that he did not even spare the officers of the administration.” The Court emphasized that possession of a firearm licence is not a fundamental right under the Constitution but a statutory privilege, which can be justifiably withdrawn when misused in a serious or violent manner.

The petitioner had initially been granted a pistol/revolver licence back in 2010. However, following the 2017 incident, the Senior Superintendent of Police (SSP), Poonch, recommended cancellation of the licence. Acting upon this recommendation, the District Magistrate revoked the licence. The petitioner’s request for restoration was subsequently denied in January 2023, and his appeal before the Divisional Commissioner also failed.

In dismissing the petition, the High Court endorsed the administrative and legal reasoning behind the cancellation, concluding that the petitioner had misused the privilege of possessing a firearm in a manner that posed a threat to public officials performing their lawful duties.

Cause Title: Wajid Bashir Khan v. Union Territory of Jammu & Kashmir & Ors.

Appearance:

Petitioner: Advocates N. D. Qazi, Waseem A. Mir

Respondents: Advocate Monika Kohli

Click here to read/download Order