Supreme Court forms committees to curb illegal firearm menace

The Supreme Court recently observed that owing to a lackadaisical implementation of the Arms Act by States, there is a need for strict monitoring of the manufacture, possession, sale, transportation etc. of unlicensed arms [Rajendra Singh vs State of Uttar Pradesh]..Therefore, a Bench of Justices BV Nagarathna and Pankaj Mithal directed formation of committees at both the Central and State levels to curb the proliferation of illegal arms and ammunition..The Court noted that despite the prevalence of law, rules as well as a regulatory framework, the implementation of the same has been ineffective. It highlighted the alarming rise in unregulated “factories” and “workshops” producing such arms, along with their widespread use for criminal activities."Apart from local production, smuggling of arms and ammunition used for crime against society and the State is another matter of concern. We find that there is a lackadaisical approach in the implementation of the existing provisions of the Act and the Rules," the order dated November 7 noted..Accordingly, the Bench constituted a committee in each of the State as well as Union Territory consisting of the following persons:i. Chief Secretary-Chairperson of the Committee;ii. Home Secretary- Member;iii. Director General/ Inspector General of Police;iv. Law Secretary;v. One expert in the field of ballistics to be nominated by the Chief Secretary..The five-member committee shall undertake the following tasks within the specified time schedule:i. Formulate an action plan for the implementation of the Act and for rules in the respective State/UT.ii. Inspection and audit of the existing licensed as well as unlicensed factories/workshops dealing with arms and ammunition through the notified authorities or officers.iii. Secure the data with regard to manufacture, sale, transportation of illegal arms and ammunition.iv. Steps to be taken with regard to prevention of smuggling of illegal arms and ammunition.v. Conducting a study on the use of illegal arms and ammunition in crime against society and against the State and steps for its preventionvi. Any other aspect that the Committee may think it just and proper to delve upon..The committees have to submit their reports within 10 weeks..The Court was hearing a case initiated suo motu (on its own) to address the proliferation of unlicensed firearms. The Supreme Court had in February taken suo motu cognisance of the possession and use of unlicensed firearms in Uttar Pradesh (UP).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 bench 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..Later, it had in April 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..[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.