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

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 safetyAmrish Kilachand a Mumbaibased 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 policersquos response in January 2023 stating no records of missing licensed firearms after his RTI appeal is now part of the petition before the apex courtAdv Mohini Priya advocate on record Supreme Court of IndiaThe 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 midday article on February 10 titled lsquoCops have no record of missing licensed firearmsrsquo highlighted Amrishrsquos RTI findings exposing the arms departmentrsquos lack of records on missing filesThe caseRajendra Singh challenged the Allahabad High Courtrsquos June 1 2022 judgment on a murder case involving an unlicensed firearm before the apex court ldquoWe have come across cases where unlicensed firearms are used to commit serious offences and this is very disturbingrdquo the apex court stated in its order dated February 13 2023The court further stated ldquoUnlike 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 Indiardquo The petitionerrsquos 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 2023The 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 investigationsAdv Mohini Priya revealed lsquoThe 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 1947rdquo She added ldquoSenior scientist from ISRO the Learned Amicusrsquos suggestions involve leveraging science and technology to eradicate the menace of illegal firearms from Indian soilrdquoSuggestions madeldquoWe have made a few practical and effective suggestions to the Learned Amicus Curiae S Nagamuthu Some of the suggestions are having a timebound 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 fasttrack courts for firearmrelated cases authenticating firearm license issuance through governmentissued documents limits on bulk firearm purchases collaboration with neighbouring countries to prevent crossborder 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 cityrdquo Advocate Mohini concludedIntervener speaksMalabar Hill resident and businessman Amrish said ldquoOne 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 samerdquoFeb 27Date of the final hearing