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People For Animals vs Union Of India & Others on 20 May, 2011

7. I am afraid, none of the judgments relied upon by the petitioner answer the query raised. I may, notice that recently a Division Bench of this Court in People for Animals Vs. UOI 180 (2011) DLT 460 has also held that grant of a licence for acquisition and possession of firearms was only statutory privilege and not matter of fundamental right under Article 21 of the Constitution of India; such a licence is materially different from a licence for manufacture, sale etc. and while latter confers a right to carry on a trade or business and is a source of earning livelihood, the former is merely a personal privilege for doing something which without such privilege is unlawful; grant of such a privilege does not involve the adjudication of the right of individual nor does it entail civil consequences save that rejection of an application for grant of licence or cancellation of a licence may become legally vulnerable if arbitrary or capricious or without application of mind; it was further held that no citizen has a blanket right to carry firearms and the W.P.(C) No.7360/2011 Page 7 of 9 application for firearms may be made mostly with the object of protecting the person or property but which too is mainly the function of the State.
Delhi High Court Cites 29 - Cited by 5 - S R Bhat - Full Document
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