SC questions public display of assault rifles

Expresses displeasure over exemptions for prohibited bore arms

ISLAMABAD:

The apex court on Wednesday rejected an Interior Ministry report on the issuance of arms licenses of prohibited bore to certain categories of people.

The court observed that the public display of assault rifles by private guards, as is found in Pakistan, is unthinkable in the rest of the world.

A three-member bench of the Supreme Court, led by Chief Justice (CJ) Qazi Faez and comprising Justice Muhammad Ali Mazhar and Justice Mussarat Hilali, resumed hearing a petition filed against this practice.

During the proceedings, the CJ asked when the law prohibits firearms of certain types, how the authorities can make exceptions in the rules.

"People roam around carrying Kalashnikovs, and innocent individuals are regularly killed like animals. When we go to schools, we find security guards carrying lethal weapons, but outside schools for poor children, there are no guards. How will we know if a person carrying a weapon is a terrorist or not?" he asked.

The judge regretted that even judges have been included in the category permitted to carry prohibited weapon licenses.

"For me, it is shameful to receive special treatment in the law," he said, adding that his name was put on the list of people who could carry arms of prohibited bore without his permission. "I wrote a letter regarding this matter but did not receive a response."

Justice Isa asked the interior secretary to give an example of another country in the world where people travel in double-cabin vehicles accompanied by private guards carrying Kalashnikovs.

"We have made a joke of Pakistan. Wherever you go, you find people openly displaying firearms.

Parliament and provincial assemblies make laws, and the judiciary implements them, but some people have been exempted from the law."

The court raised questions even about the procedure for verifying firearm licenses. The CJ said licenses for prohibited bore weapons are issued by the federal government. How can a police officer in Gwadar verify whether the license being shown to him is genuine or fake? He asked.

The interior secretary informed the court that the relevant rules are being reviewed. He said permission is granted to a select few individuals under certain conditions to possess prohibited weapons for self-defense against imminent threats.

Justice Isa remarked that this weapon can be used not just for defense but also for offense. The interior secretary's duty is to ensure the safety of the people of Pakistan, he said.

Upon inquiry by the court, the interior secretary revealed that both the secretary and the Minister of Interior have the authority to issue such licenses.

The chief justice stated that this is not a public but an administrative matter. The minister should have no role in issuing such licenses. He lamented that the civil bureaucracy could not handle pressure, and officers are not taking a stand on crucial matters.

It was revealed in response to the court's inquiry that according to data from 2010, 117,000 licenses for prohibited bore weapons have been issued. Upon mentioning another figure of 140,000 at another place, the CI remarked that there is inconsistency in the ministry's figures.

The ministry told the bench that judges, the president, the prime minister, chief ministers, Senate chairman, speaker of legislatures, and officers ranging from grade-19 to grade-22 are eligible for such licenses. The chief justice questioned why this differentiation exists.

"If licenses are to be issued, then they should be given to everyone. Why this discrimination? Why have certain classes been exempted from the law?" he added.

The court also raised questions on the issued Statutory Regulatory Order (SRO) regarding prohibited weapons. Justice Mazhar told the interior secretary that the SRO referred to had not been properly notified in the official gazette.

The court adjourned further proceedings and summoned the Attorney-General for Pakistan. The bench noted that it would also issue a written order of the court proceedings.