In a significant decision, the High Court of Madhya Pradesh, Gwalior Bench, restored justice to a citizen whose arms license had been unfairly cancelled. The case, Jafruddin vs. State of M.P. & Others (W.P. No. 5383/2013), was successfully argued by Advocate Sourav Singh Tomar, who convinced the court that the cancellation order lacked legal justification.
Background of the Case
Jafruddin had been granted an arms license after fulfilling all legal formalities. However, years later, authorities cancelled his license, labeling him a “habitual criminal” based on old police cases—most of which had ended in acquittals, compromises, or closure. Despite there being no pending criminal cases and no evidence of misuse of weapons, his appeal against the cancellation was dismissed, forcing him to approach the High Court for relief.
Arguments by Advocate Sourav Singh Tomar
Advocate Tomar argued that under Section 17(3) of the Arms Act, a license can only be revoked when it is necessary for public peace or public safety. He highlighted that:
- There was no evidence showing misuse of the weapon.
- All old cases had concluded, with no new cases since 2008.
- Simply having past criminal cases (especially ending in acquittal or compromise) does not justify canceling a legally obtained arms license.
He emphasized that revoking a license requires a clear finding that its possession poses a present threat to public peace or safety—something completely missing in the orders challenged.
The Court’s Decision
The High Court agreed and held that mere past criminal cases or apprehensions cannot justify cancellation of an arms license unless there is evidence that continuing the license threatens public safety. The court quashed the orders of the Collector and Commissioner but clarified that since the license was originally revoked in 2004, Jafruddin must apply afresh for a new license, which must be decided on its merits and without using the quashed orders against him.
Impact of the Judgment
This judgment reinforces two key principles:
- Rule of Law over Assumptions – Administrative decisions like arms license cancellation must be based on actual evidence, not old, closed allegations.
- Right to Fair Consideration – Citizens cannot be perpetually penalized for past cases, particularly where acquittals and long periods of good conduct exist.
Thanks to Advocate Sourav Singh Tomar’s effective representation, the petitioner’s rights were restored, clearing the path for him to reapply for his arms license without prejudice.