Supreme Court directs formation of expert panel to tackle unlicensed firearms

Despite government efforts, the crime rate involving illegal ammunition is phenomenally on the increase, according to the amicus curiae. Representation Pic/iStock

In a landmark intervention aimed at safeguarding the Right to Life under Article 21, the Supreme Court has disposed of a suo-motu litigation by directing the Central government to form a high-level committee of experts. This committee is tasked with eradicating the "menace" of unlicensed firearms and the unauthorised use of legal weapons, a phenomenon the court warned could sound the "death knell of the rule of law".

mid-day, in 2024, was the first newspaper to highlight the issue after a city-based petitioner moved the SC, raising concerns about illegal firearm usage.

2023
Year original petition was withdrawn

The case

The matter originated from a petition (criminal) filed by one Rajendra Singh regarding a murder case in Uttar Pradesh. While the original petition was withdrawn in early 2023, a bench comprising Justice BV Nagarathna and Justice KV Viswanathan retained "seisin" (judicial possession) over the case.

Warning of amicus
The court appointed Senior Advocate S Nagamuthu as amicus curiae (friend of the court) to study the proliferation of illegal weaponry. He warned that despite government efforts, the crime rate involving illegal ammunition was "phenomenally on the increase" and "slowly slipping out of control".

Legislative teeth
In response to the court's scrutiny, the Union of India detailed the Arms (Amendment) Act, 2019, (see table below) which significantly hiked penalties to deter offenders.

The expert committee

The key committee members will comprise:
. The joint director of the Intelligence Bureau
. A representative from the National Investigation Agency
. Home secretaries from Uttar Pradesh, Haryana, Assam, and Delhi
. ADGs of the Punjab, Maharashtra, Bihar, and Karnataka Police

The panel's agenda
. Review action plans submitted by all states and UTs
. Conduct audits of workshops and deal with illegal manufacturing hubs
. Create a "traceability" database for ammunition
. Formulate a unified national strategy to prevent smuggling and local "desi" production

City-based intervener reacts
‘All my suggestions, I hope, will be considered by the committee, along with action plans from states/UTs, inputs from the amicus curiae, and affidavits from the Union of India. The committee is directed to develop a nationwide plan to combat illegal firearms' Amrish Kilachand, intervener