Arvind Kumar Sharma vs Union Of India & Ors

2. After notice was issued by the Court, the respondents in particular State Authorities were called upon to produce enquiry report of the Additional District Collector, Sriganganagar in a sealed cover. That report has been submitted. As the matter proceeded, the Court vide order dated 30th July, 2010 issued further directions to the State of Rajasthan to place on record a status report regarding the proceedings initiated after registration of FIR. The Court perused the affidavit filed by the Major O.P. Sharma who was serving as Adjutant 1, Air Formation Signal Regiment, New Delhi, wherein it is mentioned that out of 41 officers, one JCO and 4 retired officers, who had sold their Non Service Pattern (NSP) weapon in violation of the provisions of the Arms Act and Special Army Order 1/S/1996, four officers retrieved their weapons and administrative action against them was in progress. Six officers had retired. The civil administration was asked to proceed against all the 10 retired officers. The remaining officers were facing disciplinary action under the Army Act for which necessary action was initiated. The Court, however, recorded its dissatisfaction and called upon the Ministry of Defence to file a proper and comprehensive affidavit giving details about the action taken against the officers concerned. In furtherance of this direction, affidavit has been filed by the authorized officer, on 18th February, 2011. The Court after perusing the relevant record regarding the details and status of the investigation in 14 First Information Reports/Cases and the affidavit of Additional Superintendent of Police, Sriganganagar observed that in view of the magnitude and seriousness of the allegations leveled against some of the IAS Officers in the State, the Chief Secretary of the State must file a comprehensive status report along with a proper affidavit. Accordingly, the Chief Secretary filed affidavit, sworn on 8th March, 2011, giving relevant information about the progress of the respective cases. Further status reports have been filed from time, to time during the further hearing.

7. As regards the prayer to issue direction to the Home Ministry to frame guidelines in the matter of issuing Arms licenses, it is stated that the licensing authority in respect of prohibited bore weapons is with the Central Government. The Ministry of Home Affairs processes the applications strictly as per the provisions of the Arms Act, 1959 and the Rules framed thereunder. Whereas, the District Magistrate is the licensing authority for non prohibited bore weapons. As per the extant regulations, the licensing authority is obliged to seek report of the officer in-charge of the nearest police station to verify the antecedents of the applicant; and only those who fulfill the prescribed norms are granted license. While processing the applications, the District Magistrate is also obliged to consider such report and grant arms license for non prohibited weapons only to persons who may be residing within the local limits of the District Magistrate including after due verification of antecedents of the applicant.

9. Accordingly, we deem it appropriate to dispose of this petition with observation that the appropriate Authorities/Court must dispose of the pending matter(s) if any, expeditiously in accordance with law.

10. We place on record our appreciation for the initiative taken by the petitioner in filing this petition and bringing to the fore such a sensitive issue, which otherwise may have gone unnoticed.

12. With the above observations, we dispose of this petition with costs. We direct the Union of India to pay cost quantified at Rs.10, 000/-, to the petitioner. As the petition is disposed in terms of this order, the original record kept in sealed cover be returned back to the counsel for the concerned respondent.