Justice Farrukh Irfan Khan was holding proceedings on petitions filed by many arms license holders who had challenged the interior ministry’s directives to surrender their licenses to the National Database and Registration Authority (NADRA) by December 31. In a previous hearing, the court had barred the ministry from implementing this deadline.
Barrister Syed Ali Zafar, representing the petitioners, submitted that the process for issuance of arms licenses, ownership of firearms, their sale, purchase and exchange as well as issuance of ammunition was regulated and prescribed by the Pakistan Arms Ordinance 1965 and Arms Rule 1924. He said that the only way to amend these rules was through a gazette notification.
He argued that the government had instantly issued the said directive instead of amending rules after due consultation with all stakeholders. Zafar said that although the government had issued a notification that authorised NADRA to make rules, it was not a notification of rules and was illegal because there is no authority to sub-delegate.
He supported computerisation of licenses but said that the entire process should be contained in duly notified rules which provide for all aspects related to possession, transport, sale and transfer of firearms.
A deputy-attorney general (DAG) appeared on behalf of the interior ministry and argued that the government had decided to computerise licenses and notified that NADRA could do so in accordance with law.
The judge, after hearing arguments from both sides, directed the DAG to seek instructions as to whether the government was willing to comply with such a process. The judge also directed that the publication for surrendering of arms licenses shall not be implemented until the next date of hearing, which was set at January 12.
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