ISLAMABAD: The Supreme Court on Friday wondered whether exempting certain categories of persons or granting them the right to obtain licenses for Sub Machine Guns (SMGs) or other prohibited bore weapons accords with Article 25 of the Constitution — a provision which mandates that all citizens are equal before the law.

A three-page order issued on Friday regarding a court hearing held on Jan 17 also wondered whether the easy availability of SMGs and other prohibited bore weapons in society accords with Article 9 – a fundamental right to life guaranteed by the Constitution.

To find answers to the queries, a three-judge Supreme Court bench, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, also issued notices to the secretary interior, Home Secretaries and Inspector Generals of Police of the provinces, each of whom should separately submit their replies within one month.

Notices have also been issued to the Attorney General for Pakistan (AGP) Mansoor Usman Awan and the Advocate-Generals of the provinces in terms of Order 27A of the Civil Procedure Code, 1908.

Wonders whether the act is in accordance with Article 25 of the Constitution

The court has also asked for the number of licenses, including permits, issued with regard to SMGs and other prohibited bore weapons as well as the approximate number of SMGs and other prohibited bore weapons in private use in the country.

The issue cropped up during a post arrest bail petition when it emerged that a case was registered at Police Station Kalu Khan on Dec 20, 2022 against a group of unknown persons for committing a robbery in the house of Imran (complainant).

The FIR stated that three sub-machine guns (SMGs)/7.62 bore weapons and one 9 mm pistol, gold ornaments and mobile phones were stolen during the robbery.

During the hearing, the court asked the Investigating Officer (IO) whether he had inquired from the complainant or the owner of the stolen firearms to produce their licences but was told that it had not been done — a sad reflection on the manner in which the investigation was carried out, the order said.

The court then asked the complainant whether the stolen firearms were licensed and he produced photo copy of a piece of paper, which said: “TO WHOM IT MAY CONCERN. Mr. Haleem Khan s/o Hakeem Khan r/o Bali Khel Ismail, District Swabi, CNIC No. 16202-0972044-7 to carry his own Weapon 7.62 Bore (Rifle) No. 2523103 for his self-protection. He may be provided all legal help when needed in the jurisdiction of his fields. He will not display the weapon nor shall violate the provisions of section 144 Cr.PC. (N.B not transferable not to be photo stated, validity 03 months with effect from the date of issue, 23 June, 2014 -sd- (Muhammad Saeed) PSP Deputy Inspector General of Police, Mardan Region-I, Mardan No.1891/PA Dated 23.6.2014.”

The order said the court cannot ignore this document which had been produced and purports to be a license of SMG – a prohibited bore weapon.

Notifications are also being issued by the government, exempting the requirement of obtaining licenses or permitting licenses for prohibited bore weapons to certain categories of persons, including chief justices, judges, ministers, parliamentarians, as mentioned in Schedule I of the Arms Rules, 1924, the order said.

This situation gives rise to the questions: under what legal authority had the Deputy Inspector General of Police, Mardan Region-I, Mardan issued the document which purports to be a license to carry SMG – a prohibited bore weapon.

Whether licenses of SMG and other prohibited bore weapons can be issued, the ordered wondered, adding if the answer to the question was in the affirmative, under what applicable law and procedure, and to which persons who can issue exemptions/licenses.

The court also ordered its office to make a separate file and name it ‘SubMachine Guns and other Prohibited Bore Weapons’ and register it as a constitution petition under Article 184(3) of the Constitution.

The matter prima facie is one of public importance with regard to the enforcement of fundamental rights, including Articles 9 and 25 of the Constitution, therefore, it be placed for consideration of the Committee constituted under Supreme Court (Practice and Procedure) Act, 2023, the order said.

Published in Dawn, January 20th, 2024