Proliferation of illegal arms factories: SC sets up chief secy-led panel in states/UTs; seeks action plan in 10 weeks

The Supreme Court has set up a five-member committee headed by the Chief Secretary in each State and Union Territory to deal with proliferation of factories and workshops producing unlicensed arms outside the regulatory framework, resulting in crimes against the society and the State.

Noting that there was a “lackadaisical approach” on the part of states in the implementation of the Arms Act, 1959, and the Arms Rules, 2016, a Bench led by Justice BV Nagarathna directed the committee to submit an action plan within 10 weeks on formulating an action plan for the implementation of the Act and for rules made thereunder in the respective State/UT.

“Apart from local production, smuggling of arms and ammunition used for crime against society and the State is another matter of concern. We find that there is a lackadaisical approach in the implementation of the existing provisions of the Act and the Rules,” the top court said in its November 7 order.

Besides the Chief Secretary who will be the Chairperson, the committee would also include Home Secretary, Director General/Inspector General of Police, Law Secretary and one expert in the field of ballistics to be nominated by the Chief Secretary, it said.

The Bench asked the panel to conduct an inspection and audit of the existing licensed as well as unlicensed factories/workshops dealing with arms and ammunition through the notified authorities or officers and secure data with regard to manufacture, sale, transportation of illegal arms and ammunition.

It asked the panel to secure data with regard to manufacture, sale, transportation of illegal arms and ammunition and suggest steps to be taken with regard to prevention of smuggling of illegal arms and ammunition and posted the matter for further hearing on January 30, 2025.

The Bench also directed the committee to conduct a study on the use of illegal arms and ammunition in crime against society and against the State and recommend steps for its prevention.

The top court took suo motu cognizance of the matter while hearing the bail plea of a 73-year-old UP man accused of murdering a person by using a gun.

“We have come across cases where there is this phenomenon of use of unlicensed firearms in the commission of serious offences and this is very disturbing. Unlike the Constitution of the United States 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 matter relating to regulation of firearms is governed by Statute, viz., Arms Act, 1959, inter alia, the Bench said.

“It is of the greatest significance to preserve the life of all that resort must not be made to unlicensed firearms. In particular, if unlicensed firearms are freely used, this will sound the death knell of rule of law,” it noted.

We find that despite there being an existing law, rules made thereunder, as well as there being a regulatory framework, the implementation of the same is ineffective inasmuch as proliferation of ‘factories’ and ‘workshops’ for manufacture of unlicensed arms and ammunition, their sale, transportation, possession and use in crime is on the rise and a matter of concern. Apart from local production, smuggling of arms and ammunition used for crime against society and the State is another matter of concern, it said.