The Allahabad High Court has ruled that the licensing authority, while disposing of the applications for grant of firearm licences after getting the required report, will have to apply his own independent mind/discretion in the matter, irrespective of recommendation or non recommendation at all.
The court ruled that the licensing authority had to scrutinise the need of the applicant before taking independent decision. The court said that the report for grant or refusal of arm licenses would not be binding on the licensing authority.
The option was always open to the licensing authority to agree or disagree with the report/recommendation, obtained by him after assigning valid and cogent reasons and thus the licensing authority had to take care of the observations of the High Court.
Justice SK Singh passed this order on a writ petition filed by Jitendra Singh of Ballia, challenging the order of the licensing authority of November 29, last year by which the petitioner's application in the court for grant of firearm license was rejected. The counsel appearing for the petitioner had contended that the order passed by the licensing authority, refusing to grant licence, could not be said to be a valid exercise in as much as there was complete non-application of mind.