The Bombay High Court (HC) on Thursday directed the state government to frame guidelines outlining the criteria for granting arms licences. The court also directed the state home department to reconsider the gun licence application filed by criminal advocate Khan Abdul Wahab and pass necessary orders in two weeks.
Wahab applied for a gun licence in 2005, saying he apprehended a threat to his life. He moved the HC when the state home department, which sanctions the issuance of such licences, inferred that there was no threat to his life and turned down his application.
Justice Bilal Nazki and Justice AR Joshi said there was no reason for the home department to refuse Wahab a licence. “Self-preservation is a right. Even if he is not targeted, he can be susceptible. Be it on the street or at home,” Justice Nazki said.
Observing a need for guidelines for granting arms licences, the court was of the view that discretionary power vested with the home department could not be the only manner of granting licences, and clear grounds were needed for refusing a licence application.
Under the Arms Act, 1956, only a person of an unsound mind, or someone who could be a threat to public peace and safety, can be refused a licence.
