Rajiv Ranjan Singh vs The State Of Bihar
2023 Latest Caselaw 937 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.4733 of 2021
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Rajiv Ranjan Singh Son of Prabhunath Singh Resident of Village- Damodarpur, Purab Tola, Near Shiv Mandir, P.O. and P.S. - Sarai, District- Vaishali. at present- Gur Ki Mandi Chouraha, Sher Shah Road, P.O. - Gulzar- Bagh, P.S.- Alamganj, District- Patna ... ... Petitioner Versus

1. The State of Bihar Through the Chief Secretary, Government of Bihar, Patna

2. The Director General of Police (DGP), Bihar, Police Headquarters, Sardar Patel Bhawan Nehru Nagar, Patna, PIN- 800023

3. The District Magistrate (D.M.), District- Vaishali, Collectorate, Hajipur District- Vaishali (Bihar)

4. The Superintendent of Police (S.P.), District- Vaishali, Collectorate, Hajipur District- Vaishali (Bihar) ... ... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Dinu Kumar, Advocate Mr. Birendra Kumar, Advocate For the Respondent : Mr. P.K.Verma, AAG-3 Mr. Sanjay kumar Ghosarvey, AC to AAG-3 Ms. Kirti Suman, Amicus Curiae ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 27-02-2023 Sub-section (9) of Section 25 of the Arms Act, 1959

('the Act' for short) declares, use of firearm in a rash or negligent

manner or in celebratory gunfire so as to endanger human life or

personal safety of others, an offence by making such act

punishable with imprisonment or with fine or with both. The

explanation to sub-section (9) of Section 25 of the Act defines

'Celebratory Gunfire' as the practice of using firearm in public

gatherings, religious places, marriage parties or other functions to Patna High Court CWJC No.4733 of 2021 dt.27-02-2023

fire ammunition. This provision has been introduced by

amendment in the Act, which came into force with effect from

14.12.2019.

We have deemed it apt to refer to the statutory provision

under the Act at the very outset, in the backdrop of the nature of

direction, which the petitioner is seeking in the present writ

application filed under Article 226 of the Constitution of India in

the nature of Public Interest Litigation.

The petitioner has asserted in the present writ

application that the practice of celebratory gunfiring in public

gatherings and marriage parties has resulted into several deaths in

the State of Bihar and considerable number of persons have

sustained grievous injuries in such incidents. In the writ petition,

the petitioner has brought to the Court's notice specific instances

of persons dying or getting injured because of rash and negligent

gunshot celebratory firings.

We have heard Mr. Dinu Kumar, learned counsel for the

petitioner, Ms. Kirti Suman, learned Amicus Curiae appointed by

this Court by order dated 05.07.2021 and Mr. P.K.Verma, learned

Additional Advocate General-3.

When the matter was taken up by this Court on

05.07.2021, this Court, taking into account the gravity of the Patna High Court CWJC No.4733 of 2021 dt.27-02-2023

matter, had required the respondents to file a counter affidavit.

Subsequently, when this matter was taken up on 23.06.2022, this

Court noticed in its order that though initially the State

respondents had denied any such practice prevalent in the State of

Bihar, however, in the light of materials placed on record on behalf

of the petitioner and by the learned Amicus Curiae, the State

corrected its stand and filed an affidavit admitting that in at least

25 out of 38 districts in the State such cases of deaths/injuries as a

result of such practice had been reported. In the order dated

23.06.2022, this Court has reproduced the district-wise position

indicating the reported cases of deaths and injuries caused by

celebratory gunshot firings. It is easily discernible from the said

information, as available in the order dated 23.06.2022, that the

district-wise position of institution of such cases till the said date

was as under: -

        Sl. No.     Name of District                  Number of cases registered




        5.          Samastipur                        -4

Patna High Court CWJC No.4733 of 2021 dt.27-02-2023

It is not known whether the aforesaid cases brought to

this Court's notice relating to incidents of celebratory firings are

only of such nature which pertain to death or injury caused by such

celebratory firings. In our opinion, as is manifest from its plain

language sub-section (9) of Section 25 of the Act prohibits,

celebratory firing with penal consequences irrespective of the fact

whether such firings cause injury or death. Further, this Court has

noticed the data furnished in paragraph 7 and 8 in the second

supplementary counter affidavit filed by the D.I.G., Human Rights,

Bihar, which read as under: -

Patna High Court CWJC No.4733 of 2021 dt.27-02-2023

"7. That it is further submitted that, now as per report received in the Police Headquarter from the concerned district regarding celebratory firing incident and the cases registered. At present, out of 40(Forty) cases, charge sheet has already been submitted in 22(Twenty Two) cases against the accused found involved in the case, in 2(two) case, it is ordered to submit the charge sheet, in 2(Two) case, it is reported that there is no clue so far, in 1(One) case investigation is about to complete and rest 11 cases investigation is going on. However, in some of them accused persons have also been arrested.

8. That it is also humbly submitted that with respect to the cases pending for disposal before the learned courts, the status of the case as being reported that out of 26 cases, 3(Three) cases have been disposed of, 8(Eight) cases are fixed for evidence, 1(One) case is fixed each for charge and cognizance, 12(Twelve) cases are fixed for appearance of the accused and one for receiving the police paper."

This Court, concerned with the grave consequences of

illegal celebratory firings, had issued directions to the learned

District Judges, District Magistrates and Senior Superintendents of

Police of the concerned districts to take all steps for ensuring early

completion of investigation within a reasonable time, have the Patna High Court CWJC No.4733 of 2021 dt.27-02-2023

trials expedited and in such cases where the State choose to prefer

an appeal under cases of acquittal, the same must be done at the

earliest. The Court further required the authorities to take steps and

pass necessary orders in accordance with law for cancellation of

firearm licenses issued under the Arms Act. The District Judges

were directed to send a report to the Registry of this Court of the

steps taken for complying with the order.

Visibly, the Parliament, having taken into account the

practice of celebratory firings as the menace endangering human

life, has amended Section 25 of the Arms Act by the Arms

(Amendment Act), 2019, which came into force with effect from

14.12.2019. The expression 'celebratory gunfire' has been given a

definite definition by way of an explanation to Sub-section (9) of

Section 25 of the Arms Act, which reads as under:-

"Explanation.--For the purposes of this sub- section, "celebratory gunfire" means the practice of using firearm in public gatherings, religious places, marriage parties or other functions to fire ammunition."

Sub-section (9) of Section 25 of the Arms Act reads as under:-

"(9) Whoever uses firearm in a rash or negligent manner or in celebratory gunfire so as to endanger human life or personal safety of others shall be punishable with an Patna High Court CWJC No.4733 of 2021 dt.27-02-2023

imprisonment for a term which may extend to two years, or with fine which may extend to rupees one lakh, or with both."

Unambiguous language of Sub-section (9) of Section 25

of the Act read with the explanation added thereto, leaves no

scope of doubt that use of firearm in celebratory gunfire itself is

illegal and an offence punishable with imprisonment for a term as

provided thereunder.

The expression "... so as to endanger human life or

personal safety of others" will have to be read in the light of the

statutory definition of celebratory gunfire in the explanation.

Endangering human life or personal safety is incidental to use of

"firearm in a rash or negligent manner" or "in a celebratory

gunfire".

In our opinion, a celebratory gunfire made in public

gatherings/religious places, marriage parties or other functions is

prohibited under Sub-section (9) of Section 25 of the Arms Act. A

person, indulging in an act prohibited under Sub-section (9) of

Section 25 of the Arms Act, renders himself not only to criminal

liability as also action under the provisions of the Arms Act by

way of suspension and revocation of his arms license. Patna High Court CWJC No.4733 of 2021 dt.27-02-2023

Sub-section (3) of Section 17 of the Arms Act confers

upon the licensing authority a power to suspend a license granted

under the Act or revoke it, if any of the conditions of the license

has been contravened. There is no gainsaying that a license for

acquisition, possession and use of arms or ammunition is granted

by the competent authority, subject to all the provisions of the

Arms Act and of the Arms Rules, 2016. A licensee, contravening

the provisions of the Arms Act or the Rules made thereunder, shall

invite action under Section 17 of the Act by way of suspension/

revocation of the license by a licensing authority.

It seems that the legislative intent underlying Sub-

section (9) of Section 25 of the Arms Act has not been given due

publicity and awareness among the public has not been generated

by the State machinery that with the amendment in the Arms Act,

celebratory firings have been declared illegal and is a criminal

offence.

In the facts and circumstances of the case, we dispose of

the present writ application with the following observations and

directions as under:-

(i) It is incumbent upon the State to give due

publicity through media and other modes

regarding the prohibition and penal Patna High Court CWJC No.4733 of 2021 dt.27-02-2023

consequences of celebratory firing in terms of

the provision under Sub-section (9) of Section

25 of the Act so as to meet the menace of

celebratory firings and their serious

consequences.

(ii) We accordingly direct the respondents, more

particularly, the Additional Chief Secretary,

Home Department, Government of Bihar, to

ensure that due and effective publicity is given

of the said provision which has come into force

few months more than two years ago.

(iii) The District Magistrates and Superintendents

of Police of the concerned districts are hereby

directed to develop a system of immediate

reporting of the cases of celebratory gun firings

and instantaneous institution of criminal cases

in accordance with law.

(iv) Once an incident of celebratory gun firing is

reported, the licensing authority shall be under

obligation to take steps in accordance with the

provisions prescribed under Section 17 of the Patna High Court CWJC No.4733 of 2021 dt.27-02-2023

Arms Act for suspension/revocation of the

license, if applicable.

With the aforesaid observations and directions, this writ

petition in the nature of Public Interest Litigation stands disposed

of.

(Chakradhari Sharan Singh, ACJ)

(Madhuresh Prasad, J) Pawan-Nishant/-

AFR/NAFR                AFR
CAV DATE                N/A
Uploading Date          06.03.2023
Transmission Date