The Delhi High Court has observed that advocates appearing in criminal cases on behalf of the accused or the prosecution cannot claim the right to an arms licence. Seeking arms license by a lawyer on the ground of appearing in criminal cases is not a sufficient ground for obtaining arms license. According to the case, Shivkumar, an advocate practicing law in Delhi, had applied in the year 2015 for issue of arms license to the Joint Commissioner of Police(licensing authority) under the Arms Act 1959. On 23 November 2020, the licensing authority rejected the lawyer's application. The lawyer challenged the decision of the licensing authority before the appellate authority, the lieutenant governor. The appellate authority also rejected the application of the lawyer on 30 November 2020, considering the decision of the licensing authority as appropriate. The lawyer challenged the decision of the Appellate Authority on 30 November 2020 by filing a petition in the High Court. A single-judge bench of Justice Pratibha M Singh, while hearing the petition, said that the right to bear arms in India is not a fundamental right. There is a law in the country to issue arms license. Under this law, the licensing authority has the discretion to grant or not to grant such a license depending on the circumstances of each case.The court further said that the licensing authority has to assess the threat perception and the reasons for requesting the arms license. Such license can be issued only after assessing them. The plea of the petitioner was that he appears in the courts on behalf of the accused and the prosecution in criminal cases, which poses a threat to his safety. Arms license is required for self-defense. The Licensing Authority countered the arguments of the petitioner and stated that All lawyers appearing in criminal cases cannot claim arms license as it may lead to indiscriminate issuance of licenses. If the security threat on the basis of which the petitioner has requested for issue of arms license is accepted then the right to carry arms will be recognized, This recognition that the issuance of licenses and unfettered ownership of weapons may pose a threat to the safety of other citizens. After hearing both the parties, the court observed that the application for issue of arms license by an advocate on the basis of appearance on behalf of the accused is not sufficient in the opinion of this court. The Court after perusing the decision of the Appellate Authority found no reason to interfere with the decision of the Appellate Authority and dismissed the petition.
