The Supreme Court has expressed its dismay over the illegal possession of firearms that has come to light while it was dealing with a bail application of a murder accused. The bench of Justices KM Joseph and BV Nagarathna have taken suo moto cognizance of this matter and called this trend “disturbing”. The bench has sought from the UP government information on the number of cases registered on use and possession of illegal firearms, to be filed within 4 weeks. “The affidavit also will indicate the steps taken by the respondent-State towards rooting out the evil of unlicensed firearms,” the court ordered.
“It is again one of those cases where we find that according to the prosecution case, an unlicensed firearm was used in commission of the offence involving Section 302 IPC also. We have come across cases where there is this phenomenon of use of unlicensed firearms in the commission of serious offences and this is very disturbing,” the court said.
The bench asserted that unlike the USA, the Indian Constitution does not bestow a fundamental right to bear arms. “It is the greatest significance to preserve life of all that resort must be made to stop unlicensed firearms in particular,” the bench said. The bench further said, “In particular, if unlicensed firearms are freely used, this will sound the death knell of rule of law.”
The bench intends to “do whatever may be necessary so that the problem of unlicensed arms is firmly dealt with by the authorities”.
During the hearing Justice Joseph orally remarked that he is from Kerala such incidents were unheard of there. He said that every other case before him appeared to be related to unlicensed firearms. Justice Nagarathna commented that using guns and knives represented a feudal mindset.
Over the years many illegal firearms rackets have been uncovered in the country, mostly in the northern parts. In December last year, Delhi Police busted one such syndicate where the accused had sourced the illegal semi-automatic pistols from Khargone, Madhya Pradesh.
As per a June 2022 report, Punjab has over 4 lakh active gun license holders. Also, Illegal weapons are manufactured in the jungles of Malwa-Nimar region of Madhya Pradesh, Shamli and Saharanpur in Uttar Pradesh besides Munger in Bihar, reported India Today.
In June 2022, it was also reported that in two years Punjab police busted three MP-based illegal weapon modules, reported New Indian Express.
This menace of easy availability of illegal firearms especially in the northern states could prove to be fatal as right wing organizations seem to be getting easy access to these as well. In this month itself, at least 3 incidents of people bearing illegal firearms have come forth. In Pataudi, Haryana, Monu Manesar of Bajrang Dal, along with other Dal members used guns during a fight with another group. A passerby, Mohin Khan sustained a gunshot wound.
This is from #Babarshah, #Pataudi, #Haryana.#BajrangDal members led by #MonuManesar used guns during a fight between a group of men belonging to different communities.
Mohin Khan, 20, a local who was passing through the area, sustained a gunshot wound in stomach.#HateCrime pic.twitter.com/XyN8auJZ7I
— Hate Detector ? (@HateDetectors) February 9, 2023
A Twitter account, Hate Detector, highlighted several posts on Facebook where certain users had put on display several firearms for sale. Contact numbers are displayed to place the orders.
Facebook users have offered for sale on the platform handguns, rifles, shotguns and bullets to members of Groups devoted to an extremist Hindu organization with a history of violence in India.#Meta #Facebook #Hindutva #HateCrime pic.twitter.com/Qbe6WLE7a3
— Hate Detector ? (@HateDetectors) February 9, 2023
Ram Bhakt Gopal, aka Gopal Sharma, who is remembered as the man who aimed his gun and shot at protestors near Delhi’s Jamia Millia Islamia during north-east Delhi violence, was seen being escorted by an army of men wielding AK-47 like guns in a social media post. This is not a stealthily shot video either. He is seen brazenly showing off these illegal and prohibited firearms.
Do you remember Ram Bhakt Gopal, the extremist who shot at Jamia Millia Islamia students during anti-Citizenship bill protests?
These days, it seems, he has his own private army with heavy weapons, including AK47s. pic.twitter.com/VRoqb0uWtx
— HindutvaWatch (@HindutvaWatchIn) February 13, 2023
In the video he can be seen constantly surrounded by men holding AK47 like guns and in one frame, a huge axe can also be seen. It is pertinent to note that AK 47 is a prohibited weapon as per the Arms Act and Rules thereunder. It is an offence punishable with up to 10 years in prison under section 25(1A) of the Arms Act.
In April last year, it was alleged that Gopal uploaded a video aiming a gun at women and children and recording their terrified reactions. In the same month, some cow vigilantes brandishing guns abducted a man, verbally abused women, and fired in the air in broad daylight, in Shekhpur Village, Mewat, Haryana. The video of the crime, where the threats to shoot can clearly be heard, were uploaded on the YouTube channel of the group “GAU RAKSHA DAL PATAUDI”.
Related:
Jamia shooter, Ram Bhakt Gopal upgrades arm-power from regular gun to an AK 47?
Gun wielding cow vigilantes walking free in Haryana?