Pervez Ahmad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7746 of 2018 ====================================================== Pervez Ahmad, Son of Abdul Mannan, Resident of 37, West of F.C.I. Godam, Moulana Azad Nagar, Phulwari, P.O. and P.S.- Phulwarisharif, District- Patna. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Home Police Department, Government of Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Senior Superintendent of Police, Patna, Bihar.

4. The Commissioner, Patna Division, Patna.

5. The District Magistrate, Patna.

6. The Sub Divisional Officer, Phulwarisharif, Patna.

7. The S.H.O. Phulwarisharif Police Station, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar For the Respondent/s :

Mr. Saroj Kr. Sharma, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 23-04-2018 Heard Mr. Ranjeet Kumar, learned counsel for the petitioner and learned AC to AAG 3 for the respondents. Since the present writ application was registered on 204.2018, but till date no counter affidavit has been filed. Hence, this Court is not inclined to adjourn the matter any further. The present writ application has been filed for a direction to the respondent authorities, particularly respondent no.5, the District Magistrate, Patna to take a decision on the application of the petitioner dated 11.5.2015, whereby prayer has been made for grant of NP bore rifle and N.P. bore pistol.

2/8 The factual matrix of the case is that the petitioner made an application, as contained in Annexure 1 before the respondent no.5, the District Magistrate, Patna on 11.5.2015 for issuance of licence for N.P. bore rifle and N.P. bore pistol. Subsequently, the Senior Superintendent of Police, Patna submitted a police report in favour of the petitioner on 24.3.2015 but till date the respondent no.5, the District Magistrate, Patna has not disposed of the application of the petitioner. However, since the petitioner was apprehending danger to his life and property, he filed an application before the respondent no. 6, S.D.O., Phulwarisharif on 15.1.2016 as also before the respondent no. 3, Senior Superintendent of Police, Patna, as contained in Annexures 2 and 3 respectively for providing adequate security.

The petitioner also submitted an application before the I.G., Patna Range on 10.6.2017, as contained in Annexure 4, but adequate security has not been provided to the petitioner. It is further contended that the petitioner submitted an application before the SHO, Phulwarisharif on 27.3.2018 with regard to demand of extortion as contained in Annexure 5.

Hence, it is submitted that the petitioner is having serious apprehension of threat to life but despite that, the application of the petitioner for grant of arms licence has been kept pending. Hence, in view of the imminent threat for life and property and inaction of

3/8 the respondent authorities in the matter, this writ application has been filed.

A.C. to AAG 3, however, submits that at present he is not having any instruction but if the application of the petitioner has not been disposed of, the same will be disposed of within a time frame.

Having heard learned counsels for the parties, this Court is really dismayed to find that even though the Arms Act, 1959 provides for issuance of Arms licence to people for personal safety and security, as also the security of property, but the petitioner has been waiting for grant of licence for gun since last several years. Section 13 of the Arms Act, 1959 stipulates the provision for grant of licence, on application being made along with the prescribed fee. On receipt of such application, the Licencing Authority has to call for a report from the Officer-in-Charge of nearest police station and the Officer-in-Charge has to transmit the report within a prescribed limit and the Licencing Authority, after considering the police report, has either to grant licence or refuse to grant licence, provided, where the officer in charge of the nearest police station does not send report on the application within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time. However, Section

4/8 13 of the Arms Act, 1959 does not prescribe any time limit for disposal of such application nor prescribes the time limit for the police to transmit the report.

Rule 51 of Arms Rules, 1962, however, deals with the application for licence but it deals with the format in which the application is made with regard to different kinds of arms for which the licence is sought for. Section 51 also does not stipulate any time limit for disposal of application made for grant of arms licence. True it is that neither Section 13 of the Act nor Rule 51 of Arms Rules 1962 prescribes any time limit for the licencing authority for disposal of such applications. However, this Court on several occasions has prescribed the time limit for disposal of such applications. In one of such cases, in the case of Dwivedy Surendra, Advocate Vs. The State of Bihar and Ors.

, 2007(3) PLJR 76 this Court directed the Home Secretary, Government of Bihar to write a letter to the Inspector General of Police of all the Divisions with a copy to all the Superintendents of Police directing them to issue direction to the concerned police officers to send the verification report to the District Magistrate of the district within a period of one month. In case of disobedience of the order, the court directed to take stern action against the concerned police officer.

5/8 of 5538 applications pending for grant of arms licence including the applications filed by the heirs of the deceased licensees within two months and other applications which were pending for police verification, within a period of four months. Since the Licencing Authorities were absolutely insensitive to the order of Division Bench of this Court, hence, the Government of Bihar issued Advisory/directive dated 30.1.2005 to all the District Magistrates/all Inspector Generals/all Regional Deputy Inspector Generals and all Superintendents of Police but it appears from analyzing the facts of the case that such advisory/directive did not bear any result nor the same has had any impact on the Licencing Authority, particularly, the District Magistrate, Patna.

The Arms Rules, 2016 now prescribes time limit for grant of licence as well as the submission of police report to licencing authority.

Rule 13 of the Arms Rules, 2016 prescribes time limit for grant of licence, which specifically suggests that the Licencing Authority, on considering the application and on being satisfied that the applicant has fulfilled the eligibility conditions, shall grant or refuse to grant a licence for permissible category of arms or ammunition specified in category III of Schedule I, to any person by

6/8 recording in writing the reasons for such grant or refusal, by passing a speaking order, within a period of sixty days of the receipt of the police report. Rule 13 of Arms Rules, 2016 reads as follows: "13. The time limit for grant of licence.- The licensing authority, after consideration the application and on being satisfied that the applicant has fulfilled the eligibility conditions, shall grant or refuse to grant a licence for permissible category of arms or ammunition satisfied in category III of Schedule I, to any person by recording in writing the reasons for such grant or refusal by passing a speaking order, within a period of sixty days of the receipt of the police report. Provided that the licensing authority shall specify, the type of arms and ammunition to be procured by the applicant after assessing the reason and the need for possession of the type of arms and ammunition applied for by the applicant, considering the lethality or fire-power."

So far as Rule 14 of the Arms Rules, 2016 is concerned, it prescribes the time limit for police report for grant of licences, stipulating therein that the licensing authority shall call for a report from the Officer-in-Charge of the nearest police station, on receipt of an application for grant of licence under sub-section (1) of Section 13 or every subsequent renewal thereof under Section 15

7/8 and the Officer-in-Charge shall send his report in Form S-4, within a period of thirty days from the date of receipt of application by him. Sub Rule (2) of Rule 14 of the Arms Rules, 2016 stipulates that the Central Government may extend the period of thirty days up to ninety days, by issuance of general or specific order, for certain areas or States, for any appropriate reasons. Sub Rule (3) of Rule 14 of the Arms Rules, 2016 further stipulates that in case of non-receipt of police report within such stipulated time period of thirty days or ninety days (whenever extended), the licensing authority may make an order in writing either for grant or for refusal of licence without waiting for such report. Rule 14 of the Arms Rules, 2016 reads as follows: "14. Time limit for police report for grant of licences.

─ (1) On receipt of an application for grant of a licence under sub-section (1) of section 13 or every subsequent renewal thereof under section 15, the licensing authority shall call for a report of the officer-incharge of the nearest police station on that application, and such officer shall send his report in Form S-4, within a period of thirty days from the date of receipt of application by him.

(2) The Central Government may by issuance of a general or special order, extend the period of thirty days as specified in sub-rule (1) up to ninety days for certain areas or States for any reason deemed appropriate by it.

8/8

(3) The licensing authority may in case of nonreceipt of police report within the period of thirty days under sub-rule (1) or within the extended period under sub-rule (2), make an order in writing for grant or refusal of licence, without further waiting for the report." The specific case of the petitioner is that the police report was transmitted by the respondent no. 3, Senior Superintendent of Police, Patna on 24.3.2015. Under such circumstances, it is high time that the licencing authority's slumber should break. In the circumstances, respondent no.5, the District Magistrate, Patna is expected to dispose of the application of the petitioner for grant of arms licence positively within a period of four weeks from the date of receipt/production of a copy of this order within the parameters of provisions of the Act. Accordingly, the present writ application is disposed of with the above observation/direction.

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