Mere self-defence plea not valid to seek arms licence

GANDHINAGAR - The Gujarat High Court ruled Thursday that self-defence without any substantial threat to life is not a valid enough reason to obtain a firearm licence.

A division bench of Chief Justice S.J. Mukhopadhya and Justice Akil Kureshi, while hearing a petition filed by Jagdamba Prasad Chaturvedi, a company manager, observed that mere self-defence is not a sufficient ground to obtain a firearm licence.

Chaturvedi submitted that there were many rulings of the Allahabad High Court which stated that firearm licence can be obtained for self defence.

“The total population of India is more than 100 crore and everybody has a right to self-defence. The state cannot issue a firearm licence for everybody,” the chief justice remarked.

He disagreed with the petitioner’s submission and stated that the Allahabad High Court’s rulings are not binding on the Gujarat High Court since the situation varies from state to state.

“There may be a desperate need for firearms in Bihar or Uttar Pradesh for self-defence but it’s not the same case in Gujarat. So unless you show me any threat to your life, the ground of self-defence is not sufficient to grant you a licence for a firearm,” he stated.

As the petitioner failed to show sufficient reasons to obtain a firearm licence, the division bench rejected his plea.