Rules, Ordinance about prohibited bore weapons: SC asks interior ministry to file a concise statement

ISLAMABAD: The Ministry of Interior is directed to file a concise statement about whether the Pakistan Arms Rules, 2023, are in accordance with the Pakistan Arms Ordinance, 1965, regarding permitting prohibited bore weapons.

A three-judge bench, headed by Chief Justice Qazi Faez Isa, and comprising Justice Muhammad Ali Mazahar, and Justice Musarrat Hilali issued these directions in the post-arrest bail case of a suspect nominated in a case of weapons theft from a house.

The written order of the Court further said whether creating exceptions for the persons categorised in rule 6 (3) of the Rules accords with the Ordinance and the Constitution. The court asked whether there is any policy of the federal government with regard to firearms and their public display, and if there is such a policy in place how it is to be implemented and whether there is any prohibition on the public display of weapons.

“In view of the seriousness of the matter let the attorney-general for Pakistan personally attend to this matter.”

The concise statement filed by the Ministry of Interior stated that prohibited bore licenses are issued pursuant to the Pakistan Arms Rules, 2023 made pursuant to Section 11 of the Pakistan Arms Ordinance, 1965. The court noted that according to Rule 4 (1) (a) prohibited bore licenses are to be issued by “Minister-incharge/ Secretary of the Interior Division”.

The court was informed that licenses for prohibited bore weapons are issued “for the purpose of protection or sports”. On the Court query how the police or the members of any other law enforcement agency would verify whether the license shown is genuine. It was told; “That there is no such mechanism in place. Therefore, even if the police wanted to verify whether a person is in legal possession of a non-prohibited bore weapon they would not be able to do so.”

The Interior Ministry’s report stated that the section 11-A of the Ordinance notification No SRO492 (I)/ 2013, dated 28 May 2013, was issued categorising prohibited and non-prohibited bore firearms. On the criteria for the issuance of prohibited bore licenses it was told that the same is prescribed in rule 6 of the Rules, which include virtually everyone. And, sub-rule (3) of rule 6 states that the following persons are exempted from even providing the required documentation: (a) the President of Pakistan; (b) the Prime Minister of Pakistan; the Chairman, Senate; (d) the Speaker, National Assembly; (e) the Chief Justice and Judges of Supreme Court and High Court; (f) the Governors and Chief Ministers; (g) the Federal Ministers; (h) members of Senate, National Assembly, Provincial Assembly and legislative Assemblies of Azad Jammu and Kashmir and Gilgit-Baltistan; and (i) officers in BPS 19 to 22 or such other categories of officers as notified by Interior Division with the approval of the Minister-in-charge for the Interior.

Copyright Business Recorder, 2024