“Holding Firearm Licence Is Not A Fundamental Right”: J&K&L HC Upholds Revocation Of Man's Arms Licence For Brandishing Gun At Magistrate

The Jammu & Kashmir and Ladakh High Court has upheld the cancellation of an arms licence issued to an elected District Development Council (DDC) member from Poonch after finding that he had brandished his licensed pistol at a Tehsildar and an anti-encroachment team, including the SDM and SDPO, during an official operation.

A bench of Justice M.A. Chowdhary held that the case was not about a private complaint but an incident reported by an Executive Magistrate in the presence of senior administrative officers.

The court observed that the petitioner “had the cheeks to show such courage that he did not even spare the officers of the administration.”

The Court reiterated that while mere pendency of a criminal case is not sufficient to cancel a licence, involvement in a heinous act using a licensed firearm, particularly against officers enforcing law and order, justified revocation under Section 17(3)(b) of the Arms Act.

“Holding a firearm licence is not a fundamental right,” the judge noted, adding that such a privilege can be denied or withdrawn for strong reasons like misuse in a serious offence.

Background

Petitioner was granted a pistol/revolver licence in 2010. In November 2017, according to the prosecution, he and another individual confronted an anti-encroachment team led by the Tehsildar in Mendhar market, entered into an altercation, and pointed his licensed weapon at the officers, threatening them with dire consequences.

Acting on a recommendation from the Senior Superintendent of Police, Poonch, the District Magistrate revoked the licence. Khan's representation for restoration was rejected in January 2023, and his appeal before the Divisional Commissioner also failed.

APPEARANCE:

Case-Title: Wajid Bashir Khan vs Union Territory of Jammu & Kashmir, 2025

N. D. Qazi, Mr. Waseem A. Mir,, Advocate for petitioner

Monika Kohli, Sr. AAG

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