Deepak Singh v. Joint Commissioner of Police & Ors.

1. This hearing has been done through hybrid mode.

2. The Petitioner- Mr. Deepak Singh, who is an ‘aspiring shooter’ has filed the present writ petition challenging the impugned order passed by the Respondent No. 1-Joint Commissioner of Police (Licensing Unit Police) dated 18th October, 2022. By the said order, the application for addition of one None Prohibited Bore Pistol (hereinafter, ‘NPB Pistol’) firearm for the purpose of sport shooting has been rejected. The extract of the said order reads as under:- “Subject:- Regarding application of addition of firearm vide application No. AC2021040009 dated 07.04.2021. Sir, Kindly refer to your online application No. AC2021040009 dated 07.04.2021 for addition of one NPB Pistol for sport shooting purpose. Your application for addition of one NPB Pistol has been considered by Licensing Authority but could not be acceded to. Your application for addition of NPB Pistol has been rejected by Licensing Authority, Delhi on the grounds that you scored 247 and Minimum Qualifying Score is 245 for Aspiring Shooter. Your score is just above the minimum qualifying score. You did not win any medal in any shooting events. Your performance is not very encouraging. It will be better for you to improve your performance in shooting events and then come for addition of weapon for sports purpose. As of now your case is not fit for considering the addition of weapon.”

3. The Petitioner had participated in the 19th Uttarakhand State Shooting Championship 2021 in Small Bore (Rifle/Pistol) held in Dehradun, Uttarakhand in February, 2021 (hereinafter, ‘the Championship’). The Petitioner participated in the 25 Meters Standard Pistol Event. The said Championship was conducted by the Respondent No. 3 - National Rifle Association of India (‘NRAI’). The Petitioner qualified for the category of an ‘aspiring shooter’ as per the Norms for Aspiring Shooter issued by NRAI. The Petitioner scored 247 when the Minimum Qualifying Score (‘the score’) for ‘aspiring shooter’ is 245.

4. In order to practice more, and to improve his Minimum Qualifying Score and also to participate in further championships and tournaments, the Petitioner made an application No. AC2021040009 dated 7th April 2021 to the Respondent No. 1 for addition of NPB Pistol. The same was, however, rejected on 18th October, 2022 by Respondent No.1 which is the impugned order before this Court.

5. Ld. Counsel Mr. Gautam Singh submits that under Section 13 of the Arms Act, 1959 read with Rule 13 of the Arms Rules, 2016 a license application is made, either for the purposes of sports or protection of life/property. The time limit for grant of the license is 60 days in terms of Rule 13 of the Arms Rules which reads as under:-

6. The submission of ld. Counsel for the Petitioner is that the order rejecting the application shows that the only reason why the Petitioner’s application has been rejected is because his score is only two points above the qualifying score, and that he did not win any medal in the event.

7. Ld. Counsel further submits that in order to practice further, and to improve the score and to compete in an event for acquisition of a medal, the Petitioner would need the additional pistol for which he had applied. If the same is being rejected by the Respondent No. 1, there would be no scope for sportspersons to increase and better their scores.

8. Respondent No. 3 NRAI, also supports the case of the Petitioner. Mr. Aditya Vikram Singh, ld. Counsel relies upon the recommendation dated 5th April, 2021 given by the Secretary of NRAI. According to the Respondent No.3, the Petitioner satisfies the criteria for an ‘aspiring shooter’ and an arms license in terms of the application made by the Petitioner can be issued to the Petitioner.

9. On behalf of the Respondent No. 1, ld. Counsel Mr.Shashi Pratap Singh, raises a preliminary objection for maintainability of the present writ petition. In terms of Section 18 of the Arms Act, 1959 an appeal could have been preferred against the impugned order before the Lieutenant Governor of GNCTD (hereinafter, ‘LG’). However, no appellate remedy has been availed of by the Petitioner.

10. In addition, he submits that the time limit under Rule 13 of the Arms Rules, 2016 would not be applicable to the addition of weapons to existing license in terms of Rule 18 of the Arms Rules, 2016. On a query from the Court on why the Delhi Police took more than 18 months to decide the application of the Petitioner, it was submitted that since the application was made during the COVID-19 pandemic period, hence the application could not be granted.

11. Heard. The Court has considered the overall facts of this case and the submissions of the ld. Counsel for the parties.

12. In the application for the addition of one NPB Pistol which has been moved by the Petitioner, the Petitioner seeks to take a stand that he had approached the Office of the LG for filing of the appeal against the impugned order on 19th October 2022, however, the same was not accepted in the office of the LG.

13. Considering the application along with which the draft appeal which was purportedly prepared by Petitioner to be filed before the Office of the LG, and the transcription of the conversation which has been placed on record, the Court does not wish to go into the question whether any attempt was made by the Petitioner to file an appeal or not.

14. The present case would show that the Petitioner’s scores were acquired by him in February, 2021 when he had participated in the Championship mentioned above. These scores are stated to be usually valid for a period of two years as per Rule 12(3)(b) of the Arms Rules, 2016. After obtaining the scores in February, 2021, the Petitioner had approached the Respondent No. 1 in April, 2021 for the addition of the weapon in his existing licence. However, a period of 18 months lapsed before the impugned decision was taken. Relegating him to file an appeal at this stage would thus not be efficacious. It is under such circumstances that this Court is inclined to entertain the present petition, to ensure that the career of a sportspersons is not adversely affected.