Isabella Mariam

The Madras High Court at Madurai, Single Bench of Justice G.R. Swaminathan, directed the District Magistrate of Dindigul to renew a petitioner’s gun licence that had been denied on account of a pending criminal case. The Court noted that while obtaining a firearm licence is a privilege, once granted, it matures into a right, placing an application for renewal on stronger footing. It held that renewal cannot be refused unless the licensing authority demonstrates valid grounds under the Arms Act, 1959. Finding the mere pendency of a negligence case under Section 304A IPC insufficient, the Court quashed the Collector’s order.

The petitioner, Magudapathi, was granted a gun licence in 2021, which was subsequently renewed once. Upon applying for a second renewal, the District Collector of Dindigul denied the request, citing the pendency of a criminal case against the petitioner. Aggrieved by this refusal, the petitioner filed a writ petition before the Madurai Bench of the Madras High Court seeking a writ of certiorarified mandamus to quash the impugned order and to direct renewal of the licence for five years.

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The Collector’s counter affidavit stated that the petitioner faced a criminal case which could pose a threat to public safety. The Collector further argued that the petitioner should first obtain an order of acquittal before reapplying for renewal. Additionally, it was contended that the petitioner failed to exhaust the alternative statutory remedy available by filing an appeal before the Additional Chief Secretary/Commissioner of Revenue Administration, Chennai, within thirty days of the order.

The petitioner’s case had been recommended by the jurisdictional Revenue Divisional Officer, but the Collector rejected the renewal citing public safety concerns. The refusal was based solely on the pending criminal prosecution. The relevant statutory framework considered by the Court included Sections 13 to 15 of the Arms Act, 1959, which govern the grant, refusal, and renewal of arms licences. The case primarily revolved around whether pendency of a criminal case under Section 304A IPC constituted sufficient ground to deny renewal of an existing arms licence.

Justice G.R. Swaminathan stated that “unlike the Second Amendment to the Constitution of the United States which confers on the people the fundamental right to keep and bear arms, the Indian Constitution nowhere provides for any such right.” Citing precedents, the Court observed that the right to bear arms is not a fundamental right under Article 21, but merely a statutory privilege under the Arms Act, 1959.

The Court stated: “While the burden will be on the applicant to make out a case for grant of licence, the onus will shift to the authority when renewal is sought or refused.” It further observed that any refusal of renewal must be based on specific grounds enumerated in Section 14 of the Arms Act.

Justice Swaminathan referred to Section 15(3) of the Act and noted: “Every licence shall, unless the licensing authority for reasons to be recorded in writing otherwise decides in any case, be renewable for the same period for which the licence was originally granted.” The Court added that non-renewal of an existing licence is a more serious matter than initial refusal, since it may affect the licensee’s legitimate expectation and reputation. Quoting De Smith’s “Judicial Review of Administrative Action,” the judgment recorded that “it may be right to imply a duty to hear before a decision not to renew when there is a legitimate expectation of renewal.”

The Bench also cited the Karnataka High Court’s judgement in State of Karnataka v. G. Lakshman (ILR 1987 Karnataka 2223), observing that “a privilege to get a licence may fructify in itself into a right at the time of seeking renewal of a licence.” Consequently, the Court held that once a licence has been granted, renewal becomes a right unless the conditions for refusal under Section 14 are attracted.

Regarding the reason for rejection, the Court found that the pendency of a case under Section 304A IPC — concerning a motor vehicle accident — could not justify refusal of renewal. The judgment recorded: “By no stretch of imagination can this endanger public safety. Only those incidents that adversely impact the even tempo of societal life would fall within the category of public safety or public order.” The Court also noted that the petitioner was not accused of misusing the licensed weapon and that the stated reason for refusal was unsustainable.

Justice G.R. Swaminathan quashed the impugned order dated November 21, 2024. The Court held that the reason cited — pendency of a Section 304A IPC case — did not attract the grounds under Section 14 of the Arms Act and therefore could not justify denial of renewal.

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“In this view of the matter, the order impugned in this writ petition is quashed. The first respondent is directed to renew the writ petitioner’s arms licence. The rule of exhaustion of statutory remedies is a rule of policy, convenience and discretion and that the writ court is not divested of its power to exercise its power under Article 226 of the Constitution of India.”

“This writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.”

Advocates Representing the Parties
For the Petitioner: Mr. S. Sarvagan Prabhu, Advocate.
For the Respondents: Mr. M. Lingadurai, Special Government Pleader; Mr. A. Albert James, Government Advocate (Criminal Side)

Case Title: Magudapathi v. The District Magistrate-cum-District Collector, Dindigul & Others
Case Number: W.P.(MD) No. 23614 of 2025
Bench: Justice G.R. Swaminathan