livelawpk.com - SC took notice on Prohibited Firearms License Issue

Prohibited Firearms License Issue --- SC took notice under Art. 184(3) of the Constitution of Pakistan, 1973

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Prohibited Firearms License Issue --- SC took notice under Art. 184(3) of the Constitution of Pakistan, 1973

Islamabad 24-01-2024: Supreme Court of Pakistan while hearing the bail application [Criminal Petition No. 188-P of 2023]; the Supreme Court questions the investigation's integrity, pointing out that the Investigating Officer did not inquire about the licenses of the stolen firearms. The complainant produces a document claiming to be a license for a sub-machine gun (SMG), a prohibited bore weapon. The Supreme Court raises several legal questions regarding the issuance of the SMG license, the legality of issuing licenses for prohibited bore weapons, applicable laws and procedures, the number of licenses issued, and the constitutionality of exempting certain categories of persons. The following legal questions were framed by the Supreme Court.

(1) Under what legal authority had the Deputy Inspector General of Police, Mardan Region-I, Mardan issued the said document which purports to be a license to carry an SMG, which is a prohibited bore weapon?

(2) Whether licenses of SMG and other prohibited bore weapons can be issued?

(3) If the answer to the above is in the affirmative, the applicable law and procedure, and the person(s) who can issue exemptions/licenses?

(4) The number of licenses, including permits, issued with regard to SMGs and other prohibited bore weapons.

(5) The approximate number of SMGs and other prohibited bore weapons in private use in the country?

(6) Whether exempting certain categories of persons or granting them the right to obtain licenses for SMGs and other prohibited bore weapons accords with Article 25 of the Constitution, which mandates that all citizens are equal before the law?

(7) Whether enabling the easy availability of SMGs and other prohibited bore weapons accords with Article 9, the Fundamental Right to life guaranteed by the Constitution?

The Supreme Court observed that the issue of prohibited bore firearms license pertains to the Fundamental Rights under Articles 9 and 25 of the Constitution and also of Public Importance so needs consideration.

The Supreme Court directs the creation of a separate file titled “Sub-Machine Guns and other Prohibited Bore Weapons” and registers it as a constitutional petition under Article 184(3) of the Constitution. Notices are issued to relevant authorities, including the Secretary Interior, Home Secretaries, and Inspector Generals of Police, to provide replies to the raised questions within one month.