MADURAI: Observing that an application for renewal of arms licence cannot be rejected merely due to pendency of a criminal case without considering the nature of the said case, the Madurai Bench of Madras High Court directed the collector cum district magistrate to renew the arms licence of a man from Dindigul.
Allowing a petition filed by C Magudapathi seeking to quash the rejection order passed by the collector on his licence renewal application, Justice G R Swaminathan said, “Non-renewal of an existing licence is usually a more serious matter than refusal to grant a licence in the first place. Unless the licence holder was already told when he was granted the licence that renewal is not expected, non-renewal may seriously upset his plans and perhaps cast a slur on his reputation.”
He also pointed out that the petitioner was not accused of misusing the licence. While involvement of the licence holder or applicant in criminal cases can be a ground for refusal under the Arms Act, 1959, much depends on the nature of the accusation. In Magudapathi’s case, he was prosecuted for causing a fatal motor vehicle accident.
Citing the pendency of the said criminal case, the collector stated in his counter-affidavit that the petitioner is facing a criminal case which can endanger public safety. He can apply for renewal after getting an order of acquittal in the said case. However, the judge observed that an accident can by no stretch of imagination endanger public safety.
Justice Swaminathan added, “Only those incidents that adversely impact the even tempo of societal life would fall within the category of public safety or public order. A case of fatal accident due to negligence would not fall under such a category. The petitioner is not accused of having misused his arms licence. The reason set out for rejection is clearly unsustainable.”
He also directed the collector to renew Magudapathi’s licence by imposing appropriate conditions.
Magudapathi was issued a gun licence in 2021, which was later renewed. However, his second renewal application was rejected, citing the criminal case.
