The petitioner applied for renewal of arms licence. This was rejected as per Ext.P4. It is stated that there is no recommendation from the District Police Chief for the reason that there is no threat to the life of the petitioner. Section 14 of the Arms Act enumerates the ground on which licence can be rejected.
2. Section 14 of the Arms Act, 1959 which reads as follows:
“Refusal of licences–
(1) Notwithstanding anything in Section 13, licensing authority, shall refuse to grant-
(a) a licence under section 3, section 4 or section 5, where such licence is required in respect of any prohibited arms or prohibited ammunition;
(b) a licence in any other case under Chapter II,–
(i) where such licence is required by a person whom the licensing authority has reason to believe--
(1) to be prohibited by this Act or any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or
(2) to be of unsound mind, or
(3) to be for any reason unfit for a licence under this Act; or
(ii) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence.
(2) The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property.
(3) Where the licensing authority refuses to grant a licence to any person it shall record in writing the reasons for such refusal and furnish to that person on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.”
3. This Court in Muhammed Shafi v. District Collector [2012 (1) KLT 427] held that arms licence can be rejected only with reference to any of the enumerated grounds in Section 14 of the Arms Act. Admittedly, the rejection is not referable to any of the grounds enumerated under Section 14. It is to be noted that the arms licence was issued originally to the petitioner's grandfather and thereafter, renewed from time to time. The petitioner's antecedent is not in question. The arms licence cannot be rejected stating that there is no threat to the life of the holder of the arm. Ext.P2 cannot override the statutory provisions. It seems, based on Ext.P8 Circular, Ext.P4 decision has been rendered.
In view of the above, Ext.P4 is set aside. There shall be a direction to the second respondent to renew the arms licence to the petitioner within a period of three weeks.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln