SHC suspends interior ministry's notification revoking arms licences for legislators

Next hearing fixed on April 25

KARACHI: The Sindh High Court (SHC) suspended on Tuesday the operation of the interior ministry's notification to revoke licences issued to lawmakers to carry automatic arms of the prohibited bore.

A two-judge bench, comprising justices Aqeel Ahmed Abbasi and Ashraf Jahan, passed this order on a petition filed jointly by Senator Shahid Hassan Bugti, Sindh Assembly member Shabir Bijarani, Tabish Bugti and others challenging the federal government's decision to revoke licences to carry sophisticated weapons of prohibited bore. The hearing was fixed on April 25.

On the last hearing, the court had restrained the interior ministry from taking any adverse action against the arms licence holders till further orders.

Earlier, another group of more than 70 automatic arms licence holders, among them Sindh Assembly Speaker Agha Siraj Durrani, had obtained an identical interim order against Islamabad's decision to revoke the licences issued to them.

The petitioners' lawyer, Mohsin Kadir Shahwani, argued that the cancellation of the automatic weapons notification was a violation of provisions of Section 12 of the Pakistan Arms Ordinance, 1965. He alleged that his clients had not been given an opportunity of hearing, whereas after the 18th constitutional amendment, item No 17 in the concurrent legislative list pertaining to arms, firearms and ammunition now fell within the domain of the provinces. Therefore, the executive authority to administer the aforesaid law now vested in the respective provincial government.



Shahwani said the recent terrorism incidents had exposed the law and order situation in the province, therefore, the sudden withdrawal of federally-issued prohibited bore arms licences from the petitioners threatens their lives, safety and wellbeing.

He argued that the Supreme Court had repeatedly held that the grant of a licence was a privilege and the licensee acquired the right to the enjoyment of the privilege in accordance with the terms and conditions of the licence.



Therefore, the court was pleaded to suspend the interior ministry's notification issued in December, 2017 regarding revocation of the petitioners' arms licences. Meanwhile, the court was urged to restrain the interior ministry from cancelling the petitioners' licences till final disposal of the case.

Therefore, the bench confirmed interim bail earlier grated to the accused pending hearing of their petitions.