Cases against family members can’t be grounds for revoking arms license: HC

HC struck down Daman district magistrate’s order, revoking arms license of Jignesh Patel, son of former Member of Parliament Dayabhai Patel

Mumbai Observing that an arms license cannot be revoked only on the ground of offences registered against the license holder’s family members, the Bombay high court (HC) on Monday struck down Daman district magistrate’s order, revoking arms license of Jignesh Patel, son of former Member of Parliament Dayabhai Patel.

The single-judge bench in the HC said under Section 17(3) of the Arms Act, 1979, the license can be suspend only when it becomes necessary for the security of the public (HT File)

The district magistrate had on October 8, 2018, revoked the arms license granted to Jignesh Patel and directed him to deposit his licensed weapon at Nani Daman police station. He moved the HC last year, after the Administrator, Daman and Diu confirmed the order and dismissed his appeal.

Advocate HS Venegavkar, who represented the Union territory, opposed the petition stating that the orders could not be faulted with since, in the backdrop of the past criminal record of the petitioner and his family, it had become necessary in the public interest to cancel the license.

Justice SK Shinde, however, refused to accept the contention. The single-judge bench said under Section 17(3) of the Arms Act, 1979, the licensing authority can suspend or revoke an arms license only when it becomes necessary for the security of the public peace or for public safety.

However, the court said, the licensing authority – the district magistrate - cancelled Jignesh’s license only on the ground that several offences had been registered against his father and brother.

“In fact, there is no material on record to establish a necessary connection between the petitioner and his brother and father qua the offences registered against them,” said Justice Shinde, adding that the registration of offences against family members of the licensee that by itself was not sufficient to revoke license of the petitioner.

As regards the criminal cases registered against Jignesh Patel himself, HC noted that the last criminal case was registered against him way back in 2010 and his arms license had been renewed from time to time thereafter.