IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).No. 20442 of 2010(E) -------------------------------------- PETITIONER(S): ------------------------ ILYAS K., S/O.MR.HASSAN. K., AGED 38 YEARS, KOTTAPPURAM HOUSE, KAVANUR P.O., MALAPPURAM DISTRICT. BY ADV. DR.K.P.SATHEESAN, SRI.K.K.GOPINATHAN NAIR, SRI.M.R.JAYAPRASAD, SRI.P.MOHANDAS (ERNAKULAM), SRI.MATHEW SUNNY, SRI.ANOOP.V.NAIR. RESPONDENT(S): ------------------------- 1. STATE OF KERALA,REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. DISTRICT COLLECTOR, MALAPPURAM DISTRICT, MALAPPURAM-676 505. 3. SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT, MALAPPURAM – 676 505. R1 TO R3 BY GOVT. PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 20442 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of July, 2010 J U D G M E N T The petitioner applied for a gun license as per Ext.P2, which has been rejected by Ext.P5 oder. Petitioner's appeal has also been rejected by Ext.P6 order. The petitioner challenges those orders primarily on the ground that the petitioner has not been afforded an opportunity of being heard before passing such orders, which is mandatory under provisions of law. In view of the fact that the petitioner has specifically stated in Ext.P2 application that the petitioner needs the gun license for self protection, I directed the counsel for the petitioner to satisfy me that the petitioner needs a gun for his self protection. All what he has stated in support of his claim for a gun license for self protection is that he is a businessman dealing with huge amounts of money. If that is the criterion for giving a gun license for self protection then there would be number of W.P.(C)No. 20442 of 2010 -2- persons who would be entitled to get a license which cannot be the criterion for issuing a gun license. The applicant should show real threat to his person for enabling him to obtain a gun license. I am of opinion that the present day climate in this State is not conducive for grant of gun licenses on such flimsy claims. Terrorism is on our doorsteps and unless applications for gun license are scrutinized very stringently undesirable elements may obtain arms license taking advantage of the situation, which has to be prevented at any cost. Petitioner has not stated before me that there was any instance of anybody attacking him. He has not stated any circumstances whatsoever in the writ petition or in the application filed for license to show that he needs a gun for self protection or that at any time his life was threatened. Therefore on such circumstances and vague averments, I am not prepared to direct the respondents to reconsider the petitioner's application for gun license in so far as the petitioner has not been able to satisfy this court that on a valid reason he W.P.(C)No. 20442 of 2010 -3- needs a gun license. Therefore I am not inclined to exercise my discretionary jurisdiction under Article 226 of the Constitution of India and therefore the writ petition is dismissed. S. SIRI JAGAN JUDGE shg/