New Delhi: The Supreme Court on Thursday issued notice to all the states and union territories seeking their responses on steps taken to deal with the menace of unlicensed firearms and their numbers over the years. The court has asked the DGPs to file an affidavit in the matter. The court has also issued notice to the Union of India through the Ministry of Home Affairs regarding the implementation of the Arms Act, and to check if there is any suggestion to strengthen the law.
The court has scheduled the matter for a hearing next after 3 weeks and has sought the affidavits to be filed by then. The Supreme Court bench comprising Justice KM Joseph and Justice BV Nagarathna was hearing a suo moto case regarding unlicensed firearms in Uttar Pradesh. The suo moto has been expanded to include other states as well.
Back in February 2023, the court had taken a suo moto cognizance of unlicensed firearms in the state of Uttar Pradesh saying that the trend is disturbing and that in India, no one is allowed to carry firearms unless they are authorised to do so. The court also said that unlike the US, where the right to bear firearms is a fundamental right, India does not have any such inclusion in its Constitution.
"Unlike the constitution of the United States where the right to bear firearms is a fundamental freedom, in the wisdom of our founding fathers, no such right has been conferred on anyone under the Constitution of India. The matter relating to the regulation of firearms is governed by statute, viz, Arms Act, 1959," said the court.
"It is the greatest significance to preserve the life of all, that resort must not be made to unlicensed firearms. In particular, if unlicensed firearms are freely used, this will sound the death knell of rule of law," observed the court. It further noted that it will do whatever is necessary to curb the problem and had asked the state of UP to file an affidavit in the matter stating the number of cases registered under the Arms Act and steps taken by the state to deal with the menace of unlicensed arms.
"We deem it appropriate, therefore, to make use of this case to ascertain and do whatever may be necessary so that the problem of unlicensed firearms are firmly dealt with by the authorities," said the court.
