HC asks state to explain delay in considering arms licence for advocate

The court gave the direction while disposing of a petition filed by advocate Khan Abdul Wahab who apprehended a threat to his life but was refused an arms licence. The state was also asked to formulate guidelines for issuing arms licence instead of leaving it to the discretion of the police machinery. However,when the state did not reconsider the application after two weeks,Khan moved a contempt petition against the state.

On Monday,additional public prosecutor Vithal Konde Deshmukh told the court that they had rejected Khan’s application. Deshmukh also told the court that the decision was delayed as they did not get a copy of the earlier court order on time.

A Division Bench of Justice Ranjana Desai and Justice Rajesh Ketkar,however,asked the state to file an affidavit stating the reasons for the delay within two weeks.

The court also granted liberty to Khan to challenge the state’s order.

The petitioner’s advocate has defended two accused in the Gateway and Zaveri Bazaar blasts cases is also defending Emile Jerome in the Neeraj Grover murder case. He had applied for an arms licence in August last year stating that he apprehended a threat to his life.

The court had earlier observed that there is “no application of mind” in the police decision to refuse Wahab a licence on the grounds that there was no threat to his life.  Wahab’s counsel S R Chitnis had submitted that there have been attacks on criminal lawyers like Majeed Memon and that two advocates —Liaqat Ali and Kishore Sutrale —were killed. Chitnis also pointed out those special public prosecutors are provided with security from the government but defence advocates have to watch out for themselves.

The state government had also produced figures regarding the number of arms licences granted during the last three years.

According to the figures the state has issued 355 arms licences in the last three years. The court had earlier remarked that when there is danger,the police does not protect.

The state had submitted that licences have been granted to various persons including police officers,gold merchants and one advocate.