“Have To Ruthlessly Root It Out”: Supreme Court On Use Of Unlicensed Firearms In Country

The Supreme Court of India on Monday stated that the use of unlicensed firearms in the country should be curbed at all costs.

A Bench of Justices KM Joseph and BV Nagarathna stated, “We have to ruthlessly root it (use of unlicensed firearms) out!”

The Bench also noted that since firearms are so easily available, the number of cases under this head was at a whopping 25,000.

“There's a significant increase in the number of cases. It's readily available”.

The Bench made these observations while Court was hearing a suo motu case to curb the large number of possession and use of unlicensed firearms in the country. It took note of the larger issue while hearing the bail application of a murder accused. According to prosecution, an unlicensed firearm was used and offences under Section 302 along with 307 of the Indian Penal Code was registered.

After the advocate for the State requested time in the matter today, the Bench agreed to keep the case tomorrow only for the purpose of appointing an Amicus Curiae in the matter. It also mulled on possible names in this regard.

During a previous hearing, the Bench termed the trend of using unlicensed firearms as "disturbing".

"We have come across several cases where this phenomenon of unlicensed arms and this trend is very disturbing".

The Bench had also noted that unlike in the United States, no one permitted in India to carry firearms unless authorised and that it isn’t a fundamental right in the country.

“"Unlike the US constitution where the right to bear arms is a fundamental right, under the wisdom of our founding fathers, no such right has been conferred on anybody under the Constitution....It is the greatest significance to preserve life of all that resort must be made to stop unlicensed fire arms in particular".

Case Title: Rajendra Singh By Courts Motion Vs The State Of Uttar Pradesh | Ma 393/2023 In Slp(Crl) No. 12831/2022 Ii