Tuesday, November 19, 2024
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Supreme Court directs constitution of committees at State/Central level to curb sale, possession of unlicensed arms

Expressing serious concern over the lackadaisical implementation of the Arms Act leading to proliferation of illegal arms and ammunition, the Supreme Court has constituted a five-member committee in each State and Union Territory of the country for strict monitoring of the manufacture, possession, sale and transportation of unlicensed arms.

Noting that the prevalence of law, rules as well as a regulatory framework, the implementation of the same has been ineffective, the Bench of Justice BV Nagarathna and Justice Pankaj Mithal directed the formation of committees at both the Central and State levels.

The Court highlighted the alarming rise in unregulated factories and workshops producing such arms, along with their widespread use for criminal activities.

It said apart from local production, smuggling of arms and ammunition used for crime against society and the State was another matter of concern.

As per the Apex Court, each committee would consist of the Chief Secretary as Chairperson of the Committee. Members of the committee would include the Home Secretary; the Director General/ Inspector General of Police; the Law Secretary; and one expert in the field of ballistics to be nominated by the Chief Secretary.

The five-member committee would formulate an action plan for the implementation of the Act and for rules in the respective State/UT.

It would conduct inspection and audit of the existing licensed as well as unlicensed factories/workshops dealing with arms and ammunition through the notified authorities or officers.

The committee would secure the data with regard to manufacture, sale, transportation of illegal arms and ammunition.

It would take steps with regard to prevention of smuggling of illegal arms and ammunition.

The committee would conduct a study on the use of illegal arms and ammunition in crime against society and against the State and steps for its prevention

The committee would further delve upon any other aspect that it may think just and proper to delve upon.

The committees were directed to submit their reports within 10 weeks.

The Bench passed the order on a suo motu case initiated to address the proliferation of unlicensed firearms.

In February, the top court of the country had taken suo motu cognisance of the possession and use of unlicensed firearms in Uttar Pradesh.

While hearing a bail plea by a 73-year-old man accused of murdering a person by firing a gun, the Bench had taken note of the menace in UP.

The Apex Court had then directed the State of Uttar Pradesh to file an affidavit on the number of cases registered for the possession and use of unlicensed firearms.

In April this year, the Court sought the response of all States, Union Territories, and the Union Home Ministry in the matter.

It had also appointed Senior Advocate S Nagamuthu as Amicus Curiae in the matter.

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