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Search Results: Categories: Pakistan Arms Rules (1 found)

Adnan Asghar VS NADRA etc

Citation: Pending

Case No: Writ Petition-328-2024

Judgment Date: 13-Jun-25

Jurisdiction: Islamabad High Court

Judge: Justice Inaam Ameen Minhas

Summary: (a) Pakistan Arms Rules, 2022 & 2023---- ----Rr. 12 & 41—Cancellation of manual arms licences—Renewal of computerized licence—Discretion of competent authority—Held, all manual arms licences stood cancelled under the statutory framework introduced by the Pakistan Arms Rules, 2022 and reaffirmed by the 2023 Rules—Petitioner’s manual licence, later converted into a one-year computerized licence subject to verification, expired on 26-07-2021—Renewal was contingent upon fresh approval by the competent authority; no vested or perpetual right accrued in petitioner’s favour—Refusal of renewal by the Ministry of Interior/NADRA was thus lawful and within jurisdiction. (b) Constitutional jurisdiction---- ----Art. 199—Judicial review—Executive policy matters—Scope—Policy decision cancelling all manual arms licences made in exercise of statutory powers cannot be interfered with by the Court absent discrimination, mala fides, or violation of law—Petitioner neither challenged the validity of the Rules nor impugned the relevant notification—No illegality, arbitrariness, or infringement of fundamental rights shown—Writ not maintainable. (c) Licence renewal---- ----Nature of right—Arms licence, being a privilege regulated by statute and subject to renewal at the discretion of the licensing authority, does not create any perpetual or indefeasible right in the holder—Non-renewal on policy grounds cannot be termed arbitrary when grounded in notified law. (d) Constitutional relief---- ----Public interest and separation of powers—Courts refrain from substituting their judgment for that of executive authorities in policy implementation unless the policy is shown to be ultra vires or discriminatory—No such case made out. Disposition: Writ Petition dismissed on merits; refusal to renew arms licence upheld—Petitioner, however, at liberty to apply afresh for a new arms licence under prevailing law and policy.

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