The Supreme Court filed a suo motu lawsuit on February 13 in an effort to reduce the prevalence of unauthorised firearm ownership and use in the nation.
A bench of Justices KM Joseph and BV Nagarathna recorded the case while debating a murder suspect's request for bail, describing the trend as "disturbing."
"According to prosecution, an unlicensed firearm was used and offences under Sec 302 along with 307 of the Indian Penal Code was registered. We have come across several cases where this phenomenon of unlicensed arms and this trend is very disturbing".
The Bench further pointed out that, in contrast to the United States, no one was allowed to carry a gun in India unless they had a permit.
"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".
The Bench noted that the rule of law would suffer greatly if this matter were to be left unresolved.
The Bench thereafter requested an affidavit from the State of Uttar Pradesh detailing the number of cases related to the usage and possession of illegal firearms that had been reported. listing the steps to stop this trend is also necessary.
"We deem it appropriate to ascertain and do whatever may be necessary so that problem of unlicensed arms is firmly dealt with by the authorities. The Respondent state to place an affidavit as to the number of cases registered under Arms Act or any other law enabling it ...on use and possession or any other aspect related to unlicensed firearms. Affidavit shall be placed on record within four weeks by the DGP of Respondent State. Affidavit shall also indicate steps taken by Respondent State to rooting out this evil of unlicensed arms".
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