Allahabad HC slams UP gun culture; says police concealed info on arms licenses granted to Brij Bhushan Singh, other MPs, MLAs

The Allahabad High Court recently observed that a culture that glorifies guns and intimidation is not conducive to a peaceful and rule-bound society [Jai Shankar Alias Bairistar v. State of UP and 2 Others]

Justice Vinod Diwakar added that a society in which armed individuals assert dominance through visible force and threats does not become more free or peaceful.

"True self-defence is intended to preserve life and maintain order, not to transform public spaces into environments of dominance and fear. For this reason, a culture that glorifies guns and intimidation cannot be regarded as conducive to a peaceful and rule-bound society," the Bench said.

The Court made the observations while hearing a case on the misuse of private firearms in Uttar Pradesh. 

In March, the Court had directed all 75 district magistrates (DMs) and collectors in Uttar Pradesh to provide police station-wise details of all firearms possessed by private individuals in the State. It had also sought details on applications pending before the district magistrates for grant, renewal or transfer of arms licenses.

The Court had observed that unregulated access to firearms poses a serious threat to society and that the licensing regime ensures that only individuals who meet strict eligibility criteria are permitted to possess arms.

Following the order, the Bench was informed that as on date, 10,08,953 arms licences have been granted under the Arms Act and about 23,407 applications under different categories are pending consideration. 

A total of 20,960 families possess more than one arms licence and in 6,062 cases, licences have been granted to persons having a criminal history of two or more criminal cases.

After examining the State Home Secretary’s affidavit, the Court said that the DMs and the Commissioners of Police/Senior Superintendents of Police of all 75 districts had not been adhering to the government orders issued from time to time.

“The provisions of the Arms Act, 1959 and the Rules framed thereunder are also not being followed in their true letter and spirit by the concerned officers,” the Bench said in an order passed on May 20.

The Court observed that public display of weapons may create an illusion of dominance, strength and protection, but it often disrupts social harmony and generates fear and insecurity among ordinary people. 

“Although the open carrying of guns is sometimes justified in the name of self-defence, weapons that become instruments of intimidation promote fear rather than genuine security,” the Bench added.

It also noted that even as the State submitted that it adopts a zero-tolerance policy towards gun culture, the authorities concealed information concerning individuals wielding substantial social and political influence.

Those individuals include MLA Raghuraj Pratap Singh alias Raja Bhaiya, former BJP MP Brij Bhushan Singh and former MP Dhananjay Singh.

The Court has now asked the State to provide details on gun licences given to certain persons who are engaged in public and political life.

“The affidavit shall also specify whether any Government security has been provided to such persons and, if so, the category of security, the number of police personnel deployed, and the ranks of such personnel. The other necessary and incidental thereto information shall be appreciated in this regard,” the Bench added.

The Court will hear the matter on May 26. It has asked the police authorities to furnish an undertaking stating that no material information sought by it in its previous orders has been concealed and that the information furnished is true and correct as per official records.

"Any laxity on the part of the concerned officers shall be treated as intentional dereliction of duty and viewed seriously by this Court," it warned.

The petitioners were represented by Advocates Kripa Shankar Shukla and Vikas Shukla.

[Read Order]