Unverified weapon licences should be cancelled, urge judges

KARACHI:

The government gave the Supreme Court a report card on what it had done to tackle arms licences but the judges noted that there were far too many loopholes for corruption.

According to additional chief secretary for the home department, Waseem Ahmed, one million arms licences had been issued in Sindh, including 200,000 in Karachi. He did not specify the time period.

The government is spending Rs72 million to computerise them with the National Database and Registration Authority. “Nearly 6,000 licences have so far been computerized and the rest will also be put in the database by December 31 this year,” he said.

NADRA plans eight offices in different districts, two in Karachi, to verify and re-validate the licences. These offices would be set up at the deputy commissioner’s office, from where new ones will also be issued.

So far one such office is working under the home secretary’s supervision at the Sindh Secretariat.

Dissatisfied with this progress, the bench directed Ahmed to adopt a general policy under which announcements are made in newspapers, instructing the public to have their arms licences verified within a specific period of three or six months.

The deadline could be extended for a certain period and penalties may be imposed subsequently. Unverified licences must be revoked after that, the SC ordered.

Justice Sarmad Jalal Osmany wanted to know how an arms licence issued for Sindh could be later converted into an all Pakistan one. Was this move covered by any law?

Secretary Ahmed submitted that while it had legal cover, under the Arms Act of 2012 the province would be dealing with licences for prohibited and non-prohibited bores given the passage of the 18th Amendment.

At this stage, Justice Khilji Arif Hussain remarked that: “You are failing your duty. People have died. It is the duty of the police to provide people protection.”

About the arms quota, Secretary Ahmed informed the SC that certain licences could be issued on recommendation of the home secretary or ministers and there was an unlimited quota for the chief minister.

The bench noted that deputy commissioners should refuse to obey illegal orders given by anyone, even the chief minister. “It’s a question of your conscience,” one judge remarked, referring to an address by Muhammad Ali Jinnah, advising officers to obey the law.

Justice Anwar Zaheer Jamali questioned whether public representatives and ministers had the capacity to recommend anyone for an arms licence. The home department should ensure that people qualify for them. Similarly it is the responsibility of the deputy commissioner to assess eligibility. Many people might have passed away but their licences had not been revoked.

The bench noted with deep concern that licences were being issued to MPAs and ministers.

“We do not want to name anyone,” remarked Justice Anwar Zaheer Jamali. “If we compromise on the law, nothing will work. This is corruption to increase the vote bank.”

As Advocate General Malik attempted to compare the situation with other provinces, the bench observed, “You are well aware of the politics.”

Justice Jamali said, “But, if the kursi has to be protected, then nothing can be done.”

The court told the home secretary to submit up-to-date criteria for arms licences.

Published in The Express Tribune, October 25^th, 2012.