Categories: LAW AND ORDER

Supreme Court Takes Suo Moto Cognizance of Unlicensed Firearms Issue, Forms Committees to Combat Menace

Keywords ; Supreme Court, unlicensed firearms, suo moto, Section 302 IPC, Section 439 CrPC, procedural fairness, Uttar Pradesh, Special Leave Petition, natural justice,

Supreme Court Initiates Suo Moto Proceedings to Tackle Unlicensed Firearms, Dismisses Unsubstantiated Claims

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.

Case Overview

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.

Counsel Arguments

Petitioner’s Submissions:

  • Alleged arbitrariness, procedural lapses, and bias by the respondents in handling the bail matter.
  • Claimed the decision-making process violated principles of natural justice, proportionality, and fairness.
  • Emphasized that punitive actions lacked transparency and adequate reasoning.

Respondent’s Defense:

  • Asserted compliance with all procedural norms and statutory requirements.
  • Contended that the petitioner’s claims were speculative, lacked substantial evidence, and misrepresented facts.
  • Argued that the decisions were well-reasoned and supported by credible explanations.

The Court found the petitioner’s claims unsubstantiated and emphasized the importance of evidentiary merit in judicial review.

Court’s Observations and Directions

The Bench, comprising Justice B.V. Nagarathna and Justice Pankaj Mithal, underscored the gravity of unlicensed firearms in escalating violent crimes. Key observations included:

  • Judicial Review Requires Substantial Evidence: The Court reiterated that allegations of bias or procedural irregularities must be backed by credible evidence, not speculative assertions.
  • Duty to Address Systemic Issues: Recognizing the broader implications of the case, the Court initiated suo moto proceedings to tackle the proliferation of unlicensed firearms.

To combat the menace, the Court directed the formation of five-member committees in all States and Union Territories.

Committee Composition and Responsibilities

The committees, chaired by the Chief Secretary, include:

  1. Home Secretary
  2. Director General/Inspector General of Police
  3. Law Secretary
  4. A ballistics expert

Mandate:

  • Develop an action plan to enforce relevant laws and rules.
  • Inspect licensed and unlicensed arms manufacturing facilities.
  • Collate and analyze data on illegal arms activities.
  • Address arms smuggling and the use of unlicensed weapons in crimes.
  • Submit a detailed report within 10 weeks.

Role of Amicus Curiae

Senior Advocate S. Nagamuthu has been appointed Amicus Curiae to assist the Court in formulating legal and policy frameworks to address the issue.

Significance of the Ruling

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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Ashutosh Dubey

legal journalist,Public Affair Advisor AND Founding Editor - kanishksocialmedia-BROADCASTING MEDIA PRODUCTION COMPANY,LEGAL PUBLISHER

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