The Bombay High Court recently quashed an order passed by Thane Police Commissioner, that denied a lawyer’s plea for a arms license, citing “non-application of mind” by the authority.
A division bench comprising of Justice Sunil Shukre and Justice Abhay Waghwase was hearing a plea filed by Ulhasnagar resident advocate Amritpal Singh Khalsa, who had submitted an application with the Thane police commissioner requesting a weapons licence because he saw a threat to his life.
He mentioned an attack on him a few years ago in Sikkim. The commissioner, however, denied his application.
The matter was remanded to the authority “for new consideration on the grounds of the appeal after affording the petitioner fair chance of hearing.”
While hearing the case, the division bench found substance in Khalsa’s submissions that the commissioner had denied him an opportunity to be heard, which violated natural justice principles; the threat to life perceived by the petitioner being genuine, and it was required to be considered primarily from the petitioner’s point of view.
“It is evident that the assailed order must be characterised as an order deriving from a failure to apply one’s thinking,” the bench observed.
After the commissioner denied Khalsa’s plea, he moved the high court, which directed him to the appellate authority.
While there was a delay in reaching the appellate authority, they were advised to view the wait as good.
However, the bench noted that this was not done so by the appellate authority while rejecting Khalsa’s appeal.
“It is well-settled law that when a party prosecutes some other remedy, maybe wrongly, the authority which deals with the appeal filed by such a party, must grant some leeway to such a party and condone the delay, but, the appellate authority has not done so,” the division bench noted.
The appellate authority now have to consider the appeal in accordance with the law as quickly as possible, within three months.
