Arms licence - Mere pendency of a criminal case cannot be the sole ground for revocation of arms licence

Kerala High Court Overturns Revocation of Arms Licence; Orders Reconsideration The court emphasizes the need for concrete evidence over mere criminal allegations for revoking arms licences.

In a significant ruling, the Kerala High Court has set aside the orders revoking the arms licence of Tomy Thomas, highlighting the necessity for substantial evidence over mere allegations in criminal cases. The judgment, delivered by a division bench comprising Justices Anil K. Narendran and Muralee Krishna S., underscores that the mere pendency of a criminal case cannot justify the revocation of an arms licence under the Arms Act, 1959, unless it poses a clear threat to public peace or safety.

Tomy Thomas, who held an arms licence for a 0.25 bore pistol for self-protection, was embroiled in a legal battle after his licence was revoked following allegations of brandishing a weapon during a club meeting. The initial revocation was based on a police report alleging violations of licence conditions, but the High Court found that the authorities had failed to conduct an independent analysis of the evidence.

The bench referred to its previous ruling in Jose Kuttiyany v. Land Revenue Commissioner, reiterating that a licence cannot be revoked merely due to involvement in a criminal case. The court stressed that authorities must provide clear findings on how the possession of a licence could be detrimental to public peace, safety, or security.

The judgment mandates the Land Revenue Commissioner to reconsider Tomy Thomas's appeal, ensuring an opportunity for him to present his case. The court's decision is a reminder of the importance of procedural fairness and evidence-based decision-making in administrative actions affecting individual rights.

Bottom Line:

Revocation of arms licence - Mere pendency of a criminal case cannot be the sole ground for revocation of arms licence unless there is a clear finding that possession of the arms licence is detrimental to public peace, safety, or security.

Statutory provision(s): Arms Act, 1959 - Sections 17, 30

Tomy Thomas v. Station House Officer, (Kerala)(DB) : Law Finder Doc Id # 2808765