Case Title: Adv Shiv Kumar vs Union of India

A single bench of Justice Pratibha M Singh of Delhi High Court ruled that merely because lawyers are appearing in the criminal cases for the accused or the prosecution, they cannot claim a right to own a firearm license.

“Arms license is a creation of the statute and the licensing authority is vested with the discretion whether to grant or not grant such a license, depending upon the fact situation in each case. All lawyers/advocates who are appearing on the criminal side for the accused or the prosecution cannot claim a right to own an arms license, inasmuch as this could result in issuance of arms licenses indiscriminately”.

The bench said that that if all criminal lawyers claimed the right to own firearms license, it could result in issuance of arms licenses indiscriminately.

The Court was hearing a plea by an advocate who challenged the order of the Lieutenant governor of Delhi, who rejected his application seeking firearm license.

The bench underscored that the following recognition leading to issuance of a license and unbridled owning of fire arms, could create threat to the safety and security of the citizens.

While rejecting the plea court said that an application by an advocate seeking firearm license merely based on the ground of appearance on behalf of accused persons would not be sufficient ground to grant a firearm license.