Illegal Firearms : Supreme Court Asks Experts' Committee Formed By Union Govt To Consider Suggestions Of States/UTs

The Supreme Court recently disposed of the case related to unlicensed firearms after it was informed that a Committee of Experts under the Chairmanship of the Director General, Bureau of Police Research and Development ("BPR&D) was constituted by the Union Government to suggest a plan to address and curb the menace of illegal firearms and unauthorised use of legal firearms across the country.

Last year, in November, the Court formed a Committee in each State as well as Union Territories after it found there is a "lackadaisical approach" in the implementation of the Arms Act, 1959 and the Arms Rules, 2016. It had found proliferation of factories and workshops producing unlicensed arms, which are outside the regulatory framework, has resulted in crimes against Society as well as against the State.

A bench comprising Justice B.V. Nagarathna and Justice K.V. Viswanathan noted that the Court's committee in each State and Union Territory should place action plans before the Committee of Experts, which shall review and consider implementation of the said plan. The plan shall be approved by the Ministry of Home Affairs and will be enforced across the country.

"In view of the aforesaid development, we direct the Committee of Experts to consider the suggestions made by the various States/Union Territories with regard to the concerns expressed by this Court in the matter for the purpose of curbing the menace of illegal firearms and unauthorised use of legal firearms across the country including the import of firearms illegally and the effective implementation of the Arms Act.

We direct that the Committee of Experts will consider the suggestions made by each of the States/Union Territories and as well as the suggestions made by the learned Amicus Curiae and ensure that the concerns expressed by this Court are taken into consideration for the purpose of the effective implementation of the Arms Act and for curbing the menace of illegal firearms and unauthorised use of legal firearms particularly in the commission of crimes and offences across the country."

Case Details: Rajendra Singh v. The State of Uttar Pradesh, Miscellaneous Application No. 393/2023 in SLP (Crl) No. 12831/2022

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