The Amicus Curiae in the case to curb the large number of illegally owned and unlicensed and missing firearms has made some serious observations in his submissions to the apex court in relation to the Centre and state government`s affidavits about the missing licensed firearms. The suo motu case is coming up for its final hearing on February 27.
Written submission
Senior Advocate S Nagamuthu, the Amicus Curiae appointed by the Supreme Court, in his submission to the court stated, “Usage of arms and ammunition against innocent civilians is a vexed issue and a matter of grave concern globally.”
“Right to life guaranteed under Article 21 of the Constitution of India, is the primary responsibility of the state. The Government of India and the States/UTs are conscious of the threat to life on account of the proliferation of illegal arms and ammunition, and though the governments are making the best possible efforts with all the resources at their command, the statistics reveal that crimes involving arms and ammunition are phenomenally on the increase,” he added.
Arms and ammunition
Nagamuthu asserted, “The arms and ammunition fall into four broad groups:
a) Arms and ammunition produced under valid licenses and owned by civilian licensees for specific purposes, like self-protection, subject to regulation by the laws.
b) Arms and ammunition held under licenses but used for illicit activities, such as committing crimes in violation of regulatory laws.
c) Arms and ammunition illicitly brought into India, held by anti-social elements and certain extremist groups, blatantly breaching any legal framework.
d) Arms and ammunition domestically manufactured without any license or authority, ending up in the possession of anti-social elements, extremist groups, and even ordinary individuals.
“The laws governing the first and second categories need enhanced effectiveness and stringency to prevent licensed arms and ammunition from being misused for criminal activities. Categories three and four pose a genuine threat to the peace and security of the people and should be completely eradicated,” as per the submitted statement.
Affidavit of Central govt
The Indian government submitted affidavits on September 14, 2023, and September 25, 2023, offering valuable suggestions. Similarly, nearly all states and union territories have submitted affidavits with some recommendations. The Arms Act of 1959 and the Arms Rules of 2016 serve as the governing laws for arms and ammunition, encompassing provisions to regulate various aspects, such as acquisition, possession, use, manufacture, transfer, sale, transport, export, and import, along with penalties for contravention to prevent illegal weapons and associated violence.
Amicus curiae says
“The affidavit of the Union of India states that effective steps are being taken by the Union of India to curb illegal arms and ammunition. However, it has not specifically or elaborately stated as to what these steps are. Possibly, the Government of India refrains from revealing means and methods in the interest of security and secrecy, believing that such disclosure could indirectly aid miscreants.”
State govts’ affidavits
“The states and Union Territories, in their respective affidavits, have presented statistics on registered cases, arrested individuals, and the recovery of illegal weapons and ammunition. These affidavits reveal not only the widespread prevalence of illegal arms but also the authorities` struggle to control it.”
“In states like Uttar Pradesh, Bihar, Haryana, Rajasthan, Madhya Pradesh, the situation is particularly alarming, possibly due to rowdyism and/or extremism. Conversely, some states show negligible illegal arms and ammunition, indicating that the arms culture has yet to fully extend its influence. However, none of the affidavits provide details on the measures taken in states where the situation is under control.”
Amicus curiae says
“States and Union territories must enhance their efforts, utilising all resources, including intelligence reports, to effectively combat the proliferation of illegal arms and ammunition. The current alarming situation, marked by a surge in violent crimes involving firearms, calls for innovative measures to address the issue promptly. The court`s intervention through a suo moto petition underscores the urgency for states and Union territories to prioritise and implement more effective strategies.”
Way Forward
Amicus Curiae says it is high time for the Government of India and States to put their heads together to evolve innovative steps/methods involving science and technology to eradicate illegal arms and ammunition from Indian soil.
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