ISLAMABAD: An astonishing total of 117,479 licences for submachine guns (SMGs) and other prohibited bore firearms have been issued across the country, the Supreme Court was informed on Friday, with 114,964 of these weapons currently in private use.

The information was provided by the federal government in a statement during a three-judge bench hearing of a Supreme Court case concerned with the widespread availability of such dangerous weapons.

The alarming and easy accessibility of the prohibited bore weapons in the country cropped up on a bail matter, which led Chief Justice of Pakistan (CJP) Qazi Faez Isa, who headed the bench, to voice concerns over the public’s exposure to the threat posed by individuals openly wielding such arms.

Justice Isa also noted a distinct lack of interest from the police, provincial home departments, and the Ministry of Interior in safeguarding the citizens.

Seeks answers as over 114,000 SMGs, other such weapons in private hands

As part of its proceedings, the Supreme Court directed the interior secretary to furnish a fresh, concise statement under his signature, attending to a set of seven questions framed earlier by the court at the last hearing on Jan 17.

In its reply, the interior ministry had explained that the licences for prohibited bore weapons were issued “for the purpose of protection or sports”.

However, the court regretted that the interior ministry did not provide the answer regarding a query about a document or permit being issued allowing the possession and carrying of prohibited bore weapons.

During the hearing, the court enquired how the police or other law enforcement officials would verify whether the licence shown was genuine.

The court, however, was shockingly told that no such mechanism was in place. Therefore, even if the police wanted to verify whether a person was in legal possession of a non-prohibited bore weapon, they would not be able to do so, the court regretted in the order.

It noted that in almost every market, marriage hall, school and even hospital, SMGs are on open display, including pickups with gun-toting men. Still, the police looked the other way and did not challenge them, the court deplored.

A great sense of insecurity must undoubtedly be felt by the majority of the law-abiding citizens, who are also intimidated by such offensive behaviour, the court regretted, adding that this engendered an environment of might was right, the antithesis of the rule of law, and citizens were left unsafe and vulnerable. This lawless situation couldn’t be allowed to continue, it emphasised.

The questions framed at the last hearing were: Under what legal authority did the deputy inspector general (DIG) of police, Mardan Region-I, issue a document which purported to be a licence to carry an SMG, which is a prohibited bore weapon?

Whether licences of SMG and other prohibited bore weapons could be issued? If yes, under what applicable law and procedure and the persons who can issue exemptions/licenses?

The Supreme Court had also inquired about the number of licences, including permits, for SMGs and other prohibited bore weapons, besides the approximate number of SMGs and other prohibited bore weapons in private use in the country.

The court also asked whether exempting certain categories of persons or granting them the right to obtain licences for SMGs and other prohibited bore weapons accorded with Article 25 of the Constitution, which mandates that all citizens were equal before the law.

Besides, whether enabling the easy availability of SMGs and other prohibited bore weapons accords with Article 9, which is about the fundamental right to life.

In response to the first question, the then deputy inspector general of police (DIG) of the Mardan region, Muhammad Saeed, explained in a report that he did not issue the permits and that the applications were submitted through the office of Khyber Pakhtunkhwa’s advocate general.

The court noted that KP was awash with SMGs and many of those possessing these weapons were issued such pieces of paper, which had no sanction in law.

Likewise, the concise statement filed by the interior ministry was not signed by its secretary nor any other senior officer since it was filed by the advocate-on-record.

The report said that prohibited bore licenses were issued pursuant to the Pakistan Arms Rules, 2023 (Rules), which were made pursuant to Section 11 of the Pakistan Arms Ordinance, 1965 (Ordinance).

The Supreme Court, however, ordered the interior ministry to explain in its fresh report about the necessity to permit prohibited bore weapons and whether creating exceptions for the persons and also explain was there any policy of the federal government with regard to firearms and their public display.

The court has also called for active involvement from the Attorney General for Pakistan whenever the case is taken up. It has also ordered the provinces to file respective replies and state that they do not issue any licence or permit with regard to non-prohibited bore weapons.

Published in Dawn, March 16th, 2024