Missing guns and legal loopholes, SC sets date for landmark firearms showdown

ISRO scientists and IITians proposed to track both unlicensed and missing licensed firearms. Representation Pic

On February 27, the apex court will conduct a final hearing on a suo motu case addressing the prevalent issue of numerous illegal possession and usage of unlicensed and missing firearms, posing a substantial risk to public safety.

Amrish Kilachand, a Mumbai-based businessman from Malabar Hill is an intervener in the case. In 2022, he submitted an RTI to the Mumbai police seeking information on missing licensed firearms. The police's response in January 2023, stating no records of missing licensed firearms after his RTI appeal, is now part of the petition before the apex court.

Adv Mohini Priya, advocate on record, Supreme Court of India

The amicus curiae in the case has proposed involving ISRO scientists and IITians to employ advanced technology in tracking both unlicensed and missing licensed firearms. A mid-day article on February 10 titled ‘Cops have no record of missing licensed firearms' highlighted Amrish's RTI findings, exposing the arms department's lack of records on missing files.

The case

Rajendra Singh challenged the Allahabad High Court's June 1, 2022, judgment on a murder case involving an unlicensed firearm before the apex court. "We have come across cases where unlicensed firearms are used to commit serious offences 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." The petitioner's counsel withdrew the special leave to appeal, but the apex court, taking suo motu notice of unlicensed firearms, retained control over the case. The states were directed to submit an affidavit, and the court would proceed with the matter on March 20, 2023.

The suo moto matter on the illegal proliferation of arms is scheduled for a hearing on February 27, 2024. The Supreme Court instructed all states, union territories, and the intervenor (Amrish Kilachand) to provide suggestions on curbing illegal possession and use of firearms. Advocate Mohini Priya, representing Amrish, stated that states presented statistics on registered cases, accused arrests, and recovered illegal weapons and ammunition during investigations.

Adv Mohini Priya revealed, ‘The affidavits indicate rampant illegal arms proliferation, with authorities struggling to curb it. States, including the Government of Maharashtra, failed to detail steps taken, in the Supreme Court. The Union Home Ministry suggested licensing measures but lacked clarity on curbing the manufacture, smuggling, and handling of missing firearms since 1947." She added, "Senior scientist from ISRO, the Learned Amicus's suggestions involve leveraging science and technology to eradicate the menace of illegal firearms from Indian soil."

Suggestions made

"We have made a few practical and effective suggestions to the Learned Amicus Curiae, S Nagamuthu. Some of the suggestions are, having a time-bound process for FIR registration and online updating, guidelines for swift and effective police investigations, developing a digital platform for managing firearm records, retrospective implementation of firearm regulations, fast-track courts for firearm-related cases, authenticating firearm license issuance through government-issued documents, limits on bulk firearm purchases, collaboration with neighbouring countries to prevent cross-border firearm trafficking, as well as exploring RFID tracking and smart gun technologies etc. These recommendations aim to bolster public safety, curb criminal activities, and strengthen gun control measures, essential in light of recent incidents shootouts in the city," Advocate Mohini concluded.

Intervener speaks

Malabar Hill resident and businessman Amrish, said, "One hopes that the apex court will take cognisance of the number of missing licensed weapons throughout India and direct the States to account for all licensed arms and those which are missing to ascertain the gravity of the situation and come out with foolproof mechanism for keeping a check on the same."

Feb 27
Date of the final hearing