The Allahabad High Court has issued a directive to the Uttar Pradesh Chief Secretary to take corrective actions against district magistrates (DMs) who have failed to decide on pending arms license applications without justification. The court’s stern order comes in response to significant delays that have left many applicants without resolutions for years.
Justice Vikram D Chauhan, presiding over the matter, has mandated all DMs, who serve as licensing authorities under the Arms Act, to compile and submit a report detailing all pending firearm applications within 45 days. This report is to be submitted to the Chief Secretary or an officer nominated by him.
The court has underscored that any arms application found pending beyond the prescribed period under the Arms Rules and the Arms Act must be resolved by the DMs within the newly set timeframe. Failure to comply with this directive could lead to remedial actions against the DMs by the Chief Secretary.
Highlighting the seriousness of the administrative lapses, the court observed that citizens should not be compelled to seek judicial intervention merely to prompt officers to perform their statutory duties. “It is the duty of the officer to exercise the statutory direction which has been conferred on the aforesaid officer,” Justice Chauhan remarked.
Furthermore, the court noted that if any state officer hinders the timely submission of reports necessary for deciding on firearm licenses, the DMs must ensure that action is taken against such officers. All state departments, including the police, are ordered to assist the DMs in expediting the decision-making process for firearm license applications.
The issue came to light following a petition by Shivam, who applied for an arms license on June 2, 2022, in the district of Mainpuri, but has yet to receive a decision. The court expressed concern over the volume of similar petitions, indicating a systemic failure to adhere to legal mandates, with some cases pending for over three years.
