The Jammu and Kashmir High Court has recently delivered a significant judgment emphasizing the necessity for licensing authorities to adhere strictly to procedural norms when processing arms license renewal applications. This ruling underscores the importance of due process, even in cases where applicants have multiple First Information Reports (FIRs) registered against them.
The case in question involved Kuldeep Sharma, a petitioner who had held a valid arms license since March 19, 1996, with periodic renewals until its expiration on December 31, 2019. Upon applying for renewal, Sharma submitted a character certificate issued by the local Sarpanch. However, the licensing authority declined to renew the license, citing the absence of a character certificate from the police and the existence of multiple FIRs against Sharma, including one under the Arms Act. Consequently, the application remained pending, prompting Sharma to seek judicial intervention.
Justice Sanjay Dhar, presiding over the matter, observed that the licensing authority had failed to comply with the procedural safeguards mandated by law. He clarified that it is not the applicant's responsibility to procure the police verification report; rather, the onus lies on the licensing authority to obtain this report from the concerned police station. The court emphasized that the authority must conduct a thorough enquiry, akin to the process followed during the initial grant of the license. Only after completing this enquiry and obtaining the necessary police verification can the authority make an informed decision regarding the renewal application.
Justice Dhar further highlighted that any refusal to renew an arms license must be accompanied by written reasons, ensuring transparency and accountability in the decision-making process. In Sharma's case, the licensing authority neither procured the requisite police verification report nor conducted the mandated enquiry, thereby violating the procedural norms established under Chapter III of the Arms Act and the corresponding rules.
In light of these observations, the High Court directed the Additional Deputy Commissioner to reconsider Sharma's renewal application. The court mandated that this reconsideration should adhere strictly to the prescribed procedures, including obtaining the police verification report and conducting the necessary enquiry. Furthermore, the court instructed that a decision on the application should be made expeditiously, preferably within two months from the date a certified copy of the court's order is made available to the respondents.
This judgment serves as a critical reminder to licensing authorities about the importance of following due process, irrespective of an applicant's background or the existence of FIRs. By reinforcing the procedural safeguards enshrined in the Arms Act, the High Court aims to uphold the principles of fairness and justice, ensuring that administrative decisions are made transparently and in accordance with the law.
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