Keywords ; Supreme Court, unlicensed firearms, suo moto, Section 302 IPC, Section 439 CrPC, procedural fairness, Uttar Pradesh, Special Leave Petition, natural justice,
In a significant development, the Supreme Court has taken suo moto cognizance of the rising use of unlicensed firearms in serious crimes, particularly in Uttar Pradesh, and issued directives for systemic reform. The Court dismissed allegations of procedural irregularities and bias in a bail plea under Section 302 of the Indian Penal Code (IPC), reiterating the need for credible evidence to justify judicial intervention.
The proceedings originated from a Special Leave Petition (SLP) challenging a High Court order denying bail under Section 439 of the Code of Criminal Procedure (CrPC). The case involved the use of an unlicensed firearm in an alleged murder, raising concerns over the proliferation of illegal firearms. While permitting the withdrawal of the SLP, the Court initiated suo moto action to address the broader issue of unlicensed arms.
The Court found the petitioner’s claims unsubstantiated and emphasized the importance of evidentiary merit in judicial review.
The Bench, comprising Justice B.V. Nagarathna and Justice Pankaj Mithal, underscored the gravity of unlicensed firearms in escalating violent crimes. Key observations included:
To combat the menace, the Court directed the formation of five-member committees in all States and Union Territories.
The committees, chaired by the Chief Secretary, include:
Mandate:
Senior Advocate S. Nagamuthu has been appointed Amicus Curiae to assist the Court in formulating legal and policy frameworks to address the issue.
This ruling highlights the judiciary’s proactive role in addressing systemic challenges like the proliferation of illegal firearms, which threaten public safety. It underscores the importance of procedural fairness, evidentiary rigor, and systemic reform in upholding the rule of law.
The decision aligns with the Court’s ongoing commitment to ensuring that procedural compliance and constitutional principles guide the administration of justice, setting a precedent for tackling complex socio-legal issues at their root.
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