Public left at mercy of gun-toting people: SC

ISLAMABAD: The Supreme Court (SC) on Friday observed that people were left at the mercy of those publicly brandishing sub-machine guns and other prohibited-bore weapons, while the police, the home departments of provinces and the interior ministry appear uninterested in keeping the public safe.

A three-member SC bench, headed by Chief Justice Qazi Faez Isa, and comprising Justice Muhammad Ali Mazhar and Justice Mussarat Hilali, issued written order in the case relating to the surfeit of sub-machine guns (SMGs) and other prohibited-bore weapons in the country.

The court observed that in the area of virtually every market, marriage halls, schools and even hospitals, there are SMGs on open display, including pickups with gun-toting men; the police look the other way and do not challenge when they are illegally double-parked.

“A great sense of insecurity must undoubtedly be felt by the majority of law-abiding citizens, who are also intimidated by such offensive behaviour,” says the written order, adding that that engendered an environment of might is right, the antithesis of rule of law, and citizens are left unsafe and vulnerable.

The court ruled that this lawless state of affairs cannot be allowed to continue.

The court noted that the concise statement, filed by the Ministry of Interior has not been signed by the secretary interior nor any other senior officer, and it has been filed by the Advocate-on-Record.

It states that prohibited-bore licences are issued pursuant to the Pakistan Arms Rules, 2023, made pursuant to Section 11 of the Pakistan Arms Ordinance, 1965. Rule 4(1)(a) states that prohibited-bore licences are to be issued by ‘Minister-in-charge/Secretary of the Interior Division,” says the written order.

The court directed the Government of Pakistan, through the secretary, Ministry of Interior, to file a concise statement under his signature attending to seven questions earlier asked and the other questions/concerns as to whether the Rules accord with the Ordinance, the necessity to permit prohibited-bore weapons and whether creating exceptions for persons categorised in Rule 6(3) of the Rules accords with the Ordinance and the Constitution.

The court further directed that it should also be stated 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 is it to be implemented and whether there is any prohibition on public display of weapons.

In view of the seriousness of the matter, the court also directed the attorney general for Pakistan to personally attend to the matter.

“The matter pertains to the surfeit of sub-machine guns (SMGs) and other prohibited-bore weapons in the country,” says the written order, adding that Order dated 17 January 2024 had sought answers to the following questions: (1) Under what legal authority had the Deputy Inspector General of Police, Mardan Region-I, Mardan issued the said document, which purports to be a licence to carry an SMG, which is a prohibited-bore weapon?

(2) Whether licences of SMG and other prohibited-bore weapons can be issued?

(3) If the answer to the above is in the affirmative, the applicable law and procedure, and the person(s) who can issue exemptions/licences?

(4) The number of licences, including permits, issued with regard to SMGs and other prohibited-bore weapons.

(5) The approximate number of SMGs and other prohibited-bore weapons in private use in the country?

(6) Whether exempting certain categories of persons or granting them the right to obtain licences for SMGs and other prohibited-bore weapons accords with Article 25 of the Constitution, which mandates that all citizens are equal before the law?

(7) Whether enabling the easy availability of SMGs and other prohibited-bore weapons accords with Article 9, the Fundamental Right to life guaranteed by the Constitution?