High Court Kerala High Court

M.D.Baby vs State Of Kerala on 7 December, 2010

Kerala High Court
M.D.Baby vs State Of Kerala on 7 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36208 of 2010(A)


1. M.D.BABY, MANGALATHUMANNIL HOUSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. LAND REVENUE COMMISSIONER

3. THE DISTRICT COLLECTOR, PATHANAMTHITTA.

4. THE SUPERINTENDENT OF POLICE,

5. UNION OF INDIA, REPRESENTED BY

                For Petitioner  :SRI.SEBASTIAN PHILIP

                For Respondent  :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :07/12/2010

 O R D E R
                       ANTONY DOMINIC, J.

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                 W.P.(C) No. 36208 of 2010 A
             ```````````````````````````````````````````````````````
          Dated this the 7th day of December, 2010

                            J U D G M E N T

Petitioner is a person of Indian origin, who has

subsequently acquired citizenship of the United States of

America. According to the petitioner, on the strength of Visa

he has obtained, since 2002 he has been residing in

Pathanamthitta district of Kerala State. Petitioner was issued

an arms licence, which was also renewed subsequently.

2. However, in 2009, when the petitioner made an

application for renewal of his arms licence, that was rejected

by Ext.P4 order passed by the third respondent, stating mainly

that the Arms Act and Rules do not have any provision for

issuing licence to foreign citizens. It is also stated that a

citizen of a foreign country can be permitted to import arms for

the purpose of sports only. On that basis, the application for

renewal was declined and the petitioner was ordered to

surrender his gun.

W.P.(C) No.36208/10
: 2 :

3. Aggrieved by Ext.P4 order, petitioner filed an

appeal before the second respondent. The appeal was also

rejected by Ext.P6 order. In Ext.P6 order, it is stated that,

under the scheme of the Arms Act, 1959, licence is usually

granted for crop protection and self protection and that in the

appeal, the petitioner has not explained for what he needed

the weapon. Further, it is also stated that he has not

mentioned that there is any threat for his life or property. It is

in these circumstances, challenging the aforesaid order, this

writ petition has been filed seeking to direct the respondents

to renew Ext.P2 licence issued to the petitioner.

4. Contention raised by the learned counsel for the

petitioner is that Section 13 of the Arms Act, 1959, no

distinction is made among Indian citizens and others for the

grant of arms licence. Counsel also placed reliance on the

judgment reported in Ashok kumar Harakchand Shab Vs.

State of Gujarat [2000 (3) KLT SN Case No.45] to

substantiate this plea.

W.P.(C) No.36208/10
: 3 :

5. Section 13 of the Arms Act, 1959, provides for

grant of licenses. Section 13(3) of the Act, being relevant,

reads as follows:-

“S.13(3). The licensing authority shall

grant –

(a) a licence under section 3 where

the licence is required-

(i) by a citizen of India in respect of a

smooth bore gun having a barrel of not less

than twenty inches in length to be used for

protection or sport or in respect of a muzzle

loading gun to be used for bona fide crop

protection:

Provided that where having regard to

the circumstances of any case, the licensing

authority is satisfied that a muzzle loading

gun will not be sufficient for crop protection,

the licensing authority may grant a licence in

respect of any other smooth bore gun as

aforesaid for such protection; or

(ii) in respect of a point 22 bore rifle

or an air rifle to be used for target practice by

a member of a rifle club or rifle association

W.P.(C) No.36208/10
: 4 :

licensed or recognised by the Central

Government;

(b) a licence under section 3 in any

other case or a licence under section 4,

section 5, section 6, section 10 or section 12, if

the licensing authority is satisfied that the

person by whom the licence is required has a

good reason for obtaining the same.”

6. In so far as the case in hand is concerned, the

contention of the petitioner is that he needs the weapon for

self protection. In my view, if the requirement of gun is for self

protection, the claim will have to be dealt with section 13(3)(a)

(i). A reading of this provision shows that, for self protection

and crop protection, licence can be granted only to citizens of

India. Counsel for the petitioner relied on Clause (b) and

contended that the said provision did not distinguish between

the citizens of the country and others. I am inclined to think

that a combined reading of entire section 13(3) would show

that, cases of self protection and crop protection are outside

the purview of Clause (b). If that be so, the request of the

W.P.(C) No.36208/10
: 5 :

petitioner is liable to be rejected.

7. A reading of the judgment relied on by the counsel

for the petitioner also, in my view, recognises the aforesaid

view because that judgment itself lays down that what is

discernible from the provisions of the Act is that there is no

express or implied ban or restriction against the consideration

of application for licence on the basis of citizenship except as

provided in Section 13(3)(a)(i) of the Act.

8. Therefore, in my view, the authorities cannot be

faulted for the view they have taken in the impugned orders.

Writ petition fails and it is dismissed.

Sd/-

(ANTONY DOMINIC, JUDGE)
aks

// True Copy //

P.A. To Judge