The Allahabad High Court has taken a stern view of the burgeoning “gun culture” in Uttar Pradesh, demanding comprehensive data on all firearms licences issued across the state. In a significant move to curb the intimidation and public display of weapons, the court has directed the state government to furnish detailed records, including cases where multiple family members hold individual licences and the criminal histories of licence holders.
The order was passed by Justice Vinod Diwakar while hearing a writ petition filed by Jai Shankar alias Bairistar, a Bhadohi-based jeweller. The petitioner challenged the rejection of his arms licence application, which had been dismissed in November 2022 after an unexplained delay of nearly four years, despite a favourable police report in 2018.
In his observations, Justice Diwakar highlighted a disturbing trend where licensed firearms are used not for protection, but as symbols of authority and intimidation. The court specifically called out the glorification of weapons on digital platforms.
“The court specifically criticised the display of firearms on social media platforms, such as Instagram reels, noting that such behaviour seeks attention, social validation, and reinforces identity through the amplification of gun culture,” the order stated.
The court further remarked that such misuse “reflects the persistence of feudal power structures, the inadequate enforcement of norms governing the public display of firearms and the influence of a media-driven peer-validation culture.” Justice Diwakar warned that this “interplay of power, perception and social media” undermines public confidence in legal institutions and normalises violence.
To address these concerns, the High Court has issued a series of directives to the Uttar Pradesh government:
- Policy and Database: The Additional Chief Secretary must clarify if a centralised database for arms licences exists and whether a formal policy guides District Magistrates (DMs) in granting, refusing, or renewing licences.
- Family Licences: DMs across all 75 districts must provide police station-wise details of firearms possessed by individuals, explicitly highlighting cases where multiple family members (husband, wife, children) hold separate licences.
- Criminal Antecedents: The court ordered the creation of a separate category for licence holders with a criminal history of two or more cases. This data must be submitted via personal affidavits from all Superintendents of Police (SPs) and Commissioners of Police.
- Compliance Check: The state must confirm if approved transactions are being updated on the National Database of Arms Licences (NDAL) system as mandated by Rule 16 of the Arms Rules, 2016.
The court expressed dissatisfaction with the “unexplained delay” in processing the petitioner’s application and the subsequent summary rejection by the appellate authority without reasoned findings.
“It is pertinent to note that unregulated discretion creates scope for corruption and misuse of authority. In a parliamentary democracy, unchecked discretionary power within institutions poses a threat to the rule of law,” the court emphasised.
The District Magistrate of Bhadohi has been directed to file a counter-affidavit explaining the four-year delay and the failure to comply with Rule 13 of the Arms Rules, 2016. The matter is scheduled for further hearing on April 28.
