PHC dismisses pleas against KP arms licence fee increase

PESHAWAR: The Peshawar High Court has rejected a set of writ petitions challenging the Khyber Pakhtunkhwa government’s decision to raise fees for the issuance and renewal of arms licences, holding that courts cannot step into policy matters unless there is a clear breach of fundamental constitutional rights.

In a detailed 34-page ruling, a two-member bench comprising Justice Ijaz Anwar and Justice Inamullah Khan said judicial interference in policy decisions is not warranted where no illegality or violation of basic rights has been established. The judgment also told the provincial government to further tighten the process for issuing arms licences in the interest of protecting society from misuse of weapons.

Court upholds government’s policy authority

The petitions had been filed by the Khyber Pakhtunkhwa Rifle Association and other affected parties against what was described as a more than 100 per cent increase in licence fees. The petitioners argued that the Khyber Pakhtunkhwa Arms Act 2013 was being applied mainly as a means of generating revenue rather than serving public welfare, and contended that the fee increase was unlawful.

Appearing for the provincial government, Additional Advocate General Timur Haider told the court that the Khyber Pakhtunkhwa Arms Act 2013 and the Arms Rules 2014 expressly empower the government to revise the fees. He said the issue of arms licensing is not simply administrative in nature but is closely connected to public safety and the maintenance of law and order. He further stated that the increase had been approved by the cabinet after all legal requirements were met.

Judgment cites public safety concerns

In its ruling, the high court observed that the judiciary cannot replace the executive in making policy. It said that so long as there is no proof of malice or inconsistency in the policy, the court would not exercise its constitutional jurisdiction to interfere.

The bench also noted that between 85 and 92 per cent of killings and violent crimes in the province involve the use of arms, highlighting the need for stricter regulation. On that basis, the court directed the government to make the issuance of arms licences even more stringent.

With the dismissal of all writ petitions, the legal challenge to the provincial government’s fee increase has come to an end.