Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ram Milan v. State of U.P. and 2 Others

Key Takeaways

  • A general trend to have a firearm license by an Advocate without any good reason is not appreciable and it is not in the interest of the noble profession
  • It would be a very dangerous practice if an Advocate requires a firearm license for his personal and professional safety
  • It was observed that there was no bar for the Advocate to apply for a firearm license and that their application can be considered in accordance with law under the Section 13 of the Arms Act, 1959 r/w the Arms Rule, 2016.

Background

  • Advocate Ram Milan applied for a firearm license under Section 13 of the Arms Act, 1959 r/w the Arms Rule, 2016 for professional and personal safety claiming that some local people tried to murder and molest him and his family, which was rejected by the licensing authority.
  • So, he moved the Court, which also rejected his plea stating that he didn’t have sufficient ground.
  • The Standing Counsel for the respondent state submitted that there was no record of any crime or genuine need of the firearm.
  • It was also contended that no license can be registered in the absence of reasonable ground.

Observations

  • It was observed that the Court cannot interfere with the subjective satisfaction of the Licensing Authority.
  • Additionally, the Court stated that owning a firearm license without justifiable reason is not appreciable for a noble profession like that of a lawyer.
  • No documentary evidence to confirm that the petitioner was an advocate was found.
  • The Court stated that there was no bar for the Advocate to apply for a firearm license and observed that their application can be considered in accordance with law under Section 13 of the Arms Act, 1959 r/w the Arms Rule, 2016.

Order

  • The petition was dismissed as it lacked merit.

Questions

  1. Do you agree with this decision?
  2. Should a standard basis of satisfaction be devised by the licensing authority?

Share your views in the comments section below.

"Loved reading this piece by Ria Goyal?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"




Tags :

  Views  82  Report



Comments
img