Allahabad HC orders fresh review of Afzal Ansari's arms licences

The Allahabad High Court ordered a fresh review of Afzal Ansari's arms licence appeals. The authority may consider pending criminal cases, acquittals and their outcomes.

In Short

• His licences were earlier cancelled citing criminal cases and public order
• A 2024 ruling had cleared him in a Gangsters Act case
• The commissioner allegedly ignored that acquittal while dismissing all three challenges

The Allahabad High Court has set aside an appellate authority's order rejecting Samajwadi Party MP Afzal Ansari's appeals against the cancellation of his three arms licences, news agency Press Trust of India reported.

Ansari is the sitting Lok Sabha MP from Ghazipur in Uttar Pradesh. The court sent the matter back to the appellate authority for fresh consideration.

Justice Saurabh Shyam Shamshery disposed of three petitions filed by Ansari and set aside the appellate authority's March 28 order. The court directed the Varanasi divisional commissioner, who is the appellate authority, to reconsider the matter in light of the high court's decision.

The court, however, said the appellate authority could also consider whether other criminal cases were pending against Ansari and take into account their outcomes, PTI reported.

Ansari's three arms licences were cancelled through separate orders passed by the Ghazipur district magistrate. The licences were cancelled on the grounds that he was involved in criminal cases and that the action was necessary to protect public peace and order. His subsequent appeals were also dismissed through separate orders.

Ansari's counsel submitted that the high court had, on July 29, 2024, set aside his conviction in a case under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

The counsel said the conviction was the sole ground for cancelling the arms licences. Despite the order setting it aside being placed before the commissioner, all three appeals were rejected without considering it, the counsel added.

Additional Advocate General and senior advocate Anoop Trivedi argued that other criminal cases were still pending against Ansari and that he was not a person of good character.

After hearing both sides, the court observed on Tuesday: “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 noted that under the Arms Rules, 2016, a person can now hold only two firearm licences. It said: “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.

The high court has, therefore, overturned the March 28 order and directed the Varanasi divisional commissioner to reconsider Ansari's appeals, while allowing the authority to examine other pending criminal cases and their outcomes.

- Ends