Prayagraj, Oct 15 The Allahabad High Court has set aside the appellate authority’s order by which it had rejected the appeal of Samajwadi Party MP Afzal Ansari filed against the cancellation of his three arms licences.
Afzal Ansari is the sitting MP from Ghazipur Lok Sabha seat in Uttar Pradesh.
Disposing of the three writ petitions filed by Afzal Ansari, Justice Saurabh Shyam Shamshery set aside the order of the appellate authority dated March 28 and sent the matter back to the appellate authority — the Varanasi divisional commissioner — to reconsider the matter afresh, taking into consideration the high court’s decision.
However, the court directed that the appellate authority may also consider if there are other criminal cases pending against the petitioner and their respective outcomes.
Afzal Ansari has three arms licences and they were cancelled by separate orders passed by the Ghazipur district magistrate (DM) on the ground that he was involved in criminal cases and, therefore, it was deemed necessary to cancel the arms licences for the security of public peace and public order. Subsequently, the appeals were also dismissed by separate orders.
The counsel for the petitioner submitted that in a case arising out of the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986, an order of conviction was set aside vide order dated July 29, 2024 passed by this court.
This was the only ground to cancel the arms licences and even though the order was placed before the commissioner, all three appeals were rejected by ignoring it, the counsel said.
On the other hand, Additional Advocate General (AAG) and senior advocate Anoop Trivedi argued that there are other criminal cases which are still pending against the petitioner and the applicant is not a person of good character.
After hearing both sides, the court, in its decision on Tuesday, observed, “It is not under dispute that the petitioner was granted acquittal by this court in a case arising out of the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986. In another case, an order of acquittal is being challenged by way of an appeal by the state which is still pending and the other case is arising out of violation of the model code of conduct.
“The court also takes note that according to Arms Rules, 2016, now a person can have only two firearm licences. The appellate authority has passed the orders under challenge only on the basis of two facts that an appeal against conviction is pending; however, the same could not sustain.
“The appellate authority ought to have considered the nature of acquittal in light of a judgment passed by this court in the case of Indrajeet Singh Vs. state of UP and others 2021,” the court added.
(PTI News)
