The Punjab & Haryana High Court has criticised the authorities in Jhajjar for rejecting an arms licence application on the SARAL portal by simply displaying “rejected”, without providing reasons. Justice Kuldeep Tiwari observed that Section 14(3) of the Arms Act, 1959 requires the licensing authority to record reasons in writing when refusing an arms licence.
The Court was dealing with a petition challenging the rejection of an arms licence application of petitioner. The Court subsequently sought an explanation from the authorities which revealed that applications were being processed on the basis of reports from the concerned SHO and Assistant Commissioner of Police, after which applications were being allowed or declined without the licensing authority passing a reasoned speaking order. Describing the mechanism as a ‘sorry state of affairs’, the Court found that the licensing authority was not properly exercising its statutory jurisdiction.
“Every applicant whose application for the grant or renewal of an arms licence is rejected shall have the right to know the reasons for such rejection. No applicant shall be left unaware of the grounds on which his or her application has been declined. Accordingly, whenever an application for the grant or renewal of an arms licence is rejected, the competent authority and the branch concerned shall ensure that brief, clear and specific reasons for such rejection are duly recorded and communicated to the applicant.”
