Supreme Court may set up committees in states to monitor firearms

The Apex Court has considered an overhaul of the arms regulation framework. Representation pic

As per an RTI filed by a south Mumbai resident on January 23, 2023, the Mumbai Police has said it has no records of missing firearm weapons. This is now part of a suo moto matter that was recently heard by the division bench of the Supreme Court, which expressed deep concerns over the proliferation of illegal arms and ammunition. It was observed that the existing regulatory frameworks and laws under the Arms Act, 1959, and Arms Rules, 2016, though rigorous, are insufficiently enforced.

Following these submissions, the Supreme Court is contemplating a comprehensive action plan, directing the creation of state and UT-level committees chaired by chief secretaries, the matter is next slated for January 30, 2025. mid-day in its February 10 article titled, "Cops have no record of missing licenced firearms" highlighted the RTI, which revealed the arms department had no record of missing files.

Expressed deep concern

"The suo moto matter aims to curb the menace by evaluating nationwide statistics, reported by states and Union Territories, on un-licenced firearm-related incidents and enforcement actions. Despite extensive data, these affidavits reveal inadequate steps from the authorities to effectively combat illegal arms proliferation. Maharashtra's affidavit failed to account for missing licenced firearms, and the Union Home Ministry's submission outlined regulatory suggestions without addressing long-standing issues, such as the handling of firearms that have been unaccounted for since 1947," said Advocate Mohini Priya, advocate on record, Supreme Court of India, representing Mumbai based businessman in the matter.

Suggestions made

The court-appointed Amicus Curiae, S Nagamuthu, suggested technological and legislative interventions, including measures to make bail provisions more stringent and shifting the burden of proof in certain cases, urging a proactive stance. These suggestions highlight that beyond current enforcement, innovative solutions like RFID tracking, digital firearm record management, and smart gun technology are essential, added Adv. Mohini Priya.

RTI reveals missing firearm records

The intervention of Amrish Kilachand underscores an alarming gap in governmental accountability regarding firearm record-keeping. His RTI findings revealed that police records on missing firearms are often old and unmaintained. His recommendations to the Amicus Curiae, including guidelines for quicker FIR registration, real-time record updates, international collaboration, and fast-tracking firearm-related cases, aim to modernise firearm regulation.

Way out

"Following these submissions, the Supreme Court is contemplating the creation of state and UT-level committees chaired by chief secretaries. These committees are mandated to draft state-specific plans, inspect firearm-related facilities, secure data on illegal arms, and study patterns of firearm usage in crime. The court's directives seek to fortify public safety and mitigate the adverse impact of illegal firearms on Indian society," said Adv Mohini Priya.

The flashback

The original case before the Apex court was of Rajendra Singh V/s State of Uttar Pradesh, wherein an un-licenced firearm was used in the commission of murder. The petitioner had challenged the Allahabad High Court's final judgement and order dated June 1, 2022, by filing a special leave to Appeal before the Apex Court.

"We have come across cases where there is this phenomenon of use of unlicensed firearms in the commission of serious offence and this is very disturbing," the Apex Court stated in its order dated February 13, 2023.

The court further stated, "Unlike the Constitution of the United States of America, 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."

Intervener speaks

When contacted intervenor Amrish Kalichand, speaking to mid-day, said, "This order is basically of enormous significance, with regards to the missing arms, as it is very serious in Maharashtra, and especially in Mumbai and I hope that the Apex court along with the recently appointed committee, take a deep look into the state of affairs in light of the recent shootouts in Mumbai."