One does not have a fundamental right to keep a weapon: Delhi HC

The petitioner had sought intervention from the court stating that he deals with Rs 2 to 3 lakhs cash on a daily basis hence needs an arm for safety.  

Published: 09th July 2017 08:27 PM  |   Last Updated: 10th July 2017 09:30 AM   |  A+A-

File Photo for Representational Purposes.

By Express News Service

NEW DELHI: The Delhi High Court while hearing a case over issuing arms license to an individual stated that, one does not have a fundamental right to keep a weapon and its possession nowadays is more for "showing off" as a "status symbol" than for self defence.

The plea was moved to the High Court after it was rejected by the licensing authority and the Lieutenant Governor earlier. In the observation made by Justice Sanjeev Sachdeva said "We are not living in a lawless society where individuals have to acquire or hold arms to protect themselves. The object of the Arms Act is self-defence. The grant of arms license is a privilege conferred by the Act. There is no fundamental right of an individual to hold an arm (weapon)”.

The petitioner had sought intervention from the court stating that he deals with Rs 2 to 3 lakhs cash on a daily basis hence needs an arm for safety.  

Rejecting the contention and upholding the decision of the licensing authority court said "The amount of cash mentioned by the petitioner is only about Rs 2-3 lakh a day. Merely because an individual deals with cash of Rs 2-3 lakh a day and that also of a third party does not by itself show that there is any threat to that individual," the court said. Further that it is not his personal money that he seeking protection for but the company’s so they should seek a license not that individual.

"License to hold an arm is to be granted where there is a necessity for the same and not merely at the asking of an individual at his whims and fancies," the court said further and that the petitioner has not shown any circumstance that could create a perception that there is a threat to his life.

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