Lawyers Appearing For Criminals Can’t Claim Right To Own Firearm Licence: Delhi HC

The Delhi High Court has recently ruled that the lawyers appearing on the criminal side for an accused or prosecution can’t claim the right to own an arms license as it could result in the issuance of licenses indiscriminately.

Justice Prathiba M Singh stated in an order passed on May 22 that, “An application by an advocate merely based on the ground of appearance on behalf of the accused persons, in the opinion of this Court, would not be sufficient to grant an arms license.”

However, the court observed that an arms license is a creation of the Arms Act, of 1959 and the Licensing Authority is vested with the discretion of whether a license is to be granted or not, depending on the facts & situation in each case.

The court stated that “The Licensing Authority has to assess the threat perception and the reasons for the request for a license which has been given by the applicant concerned. It is only after assessing the same that such a license can be issued.”

Justice Singh heard a plea moved by a lawyer Shiv Kumar seeking the issuance of an arms license by the Joint Commissioner of Police under the Arms Act of 1959. The plea challenged the order passed by the Lieutenant Governor (LG) on November 30, 2022, denying his application seeking an arms license.

While disposing of the plea, the court upheld the impugned order and observed that the denial granted of the arms license was well reasoned.

Further, the court stated that “The perceived weakness of the State, which is one of the grounds, which the Petitioner has urged for seeking the arms license, if accepted, would result in recognition of a right to own a firearm. This recognition leading to the issuance of a license and unbridled owning of fire arms could also pose a threat to the safety and security of the other citizens, which the Licensing Authority would have to keep in mind while allowing or rejecting the arms license.”