The District Magistrate has wrongly cancelled my arm licence on the report of the Superintendent of Police. The SP was working on the advice of political boss. He was adamant to cancel my licence however, I was present in the mob with my gun just to protect myself. There was a quarrel between two groups of our village during the Dussehra procession. There was a call from the local administration to disburse from the scene, but a mob was present. I did not use my gun and no incident happened. But the SP sent a report that I have misused my gun licence and despite warning from the police I remained in a mob to cause terror to a religious group. In this situation my personal security is at risk.
Asked from: Uttar Pradesh
Section 17 of the Arms Act empowers the District Magistrate to cancel or suspend an arms licence under certain circumstances. However, it is mandatory for the District Magistrate to provide the licensee an opportunity to be heard before taking any adverse action.
Based on the facts of your case, it appears that you were part of a mob that had been ordered to disperse by the police. However, you deliberately remained. By doing so, you have committed an offence by wilfully disobeying the order of the authorities. It is also an undisputed fact that you were armed while present in the mob. Whether your presence caused terror during the procession is a matter to be established based on related incidents and circumstances. It is important to note that no violent incident occurred, and the mob did not become aggressive.
In the case of Mohd. Haroon vs. Superintendent of Police Siddharth Nagar (2003) 1 JIC, the Allahabad High Court ruled that mere involvement in an offence does not justify the revocation of an arms licence, unless the conduct of the licence holder reasonably suggests a potential misuse of the licence.
Therefore, mere disobedience of a police order does not give the District Magistrate grounds to cancel your arms licence. If the District Magistrate has passed a final order, you should appeal to the Commissioner. The facts indicate that the revocation order is illegal, arbitrary, and contrary to the provisions of the Arms Act. For more legal help please visit Kanoon India.
