BHC Opposes Quota-Based Issuance Of Bore Licenses

The Baloch Hal News

QUETTA: A Division Bench of the Balochistan High Court issued orders to restrain the Federal Government from issuing prohibited bore licences on quota basis.

The division bench comprising Chief Justice Qazi Faez Isa and Justice Muhammad Noor Meskanzai passed this order while during hearing of target killing suo moto notice taken by the learned court here on Monday.

The court observed that the Federal Government has power to issue licenses in respect of prohibited bore weapons under Sub-Section (2) of Section 11-A of the Ordinance, but the law does not permit the Federal government to exercise such power by fixing quota for Senators, Member of National or Provincial Assemblies. Therefore, for the time being the Federal Government is restrained from issuing prohibited bore licences on quota basis.

During the course of hearing, it transpired that Mr. Iftikhar-ul-Haq, Advocate Supreme Court was abducted by persons wielding Kalashnikovs. Accordingly, we enquired from learned Advocate General as to the authority which issues licenses of Kalashnikovs and other prohibited bore weapons, the criteria employed and whether the Provincial Government’s satisfaction with regard to the person to whom the license is issued is obtained before issuance of license.

Learned A.G. states that the licenses are issued by the Federal Government and the Provincial Government has no concern with the matter. He further states that the Provincial Government is also not contacted to verify the particulars of the persons in whose favour the license is being issued nor, to the best of his knowledge, is there any prescribed criteria with regard to issuance of licenses. Issue notice to Attorney General of Pakistan and Ministry of Interior through Secretary Interior to provide the information regarding issuance of licenses.

The Court maintained that we do not consider that the comments submitted by the Deputy Secretary Ministry of Interior are sufficient reply to the queries posed in order dated 29.03.2010 and provide last and final opportunity to Ministry of Interior/ Attorney General of Pakistan/ D.A.G. to attend to the same.

The Provincial Government is directed to submit the manner in which non-prohibited bore weapons licenses are issued and whether an application or form is required to be submitted and the manner in which it is verified, if at all.

Both the Federal and Provincial Governments are also required to state whether in respect of a license issued by the Federal Government any prior approval is taken from the Provincial Government and whether after issuance of such license the Provincial Government is informed.

Lawyers Shakil Ahmed, Habib Jalib and Nadir Chalgari Advocates state that Rahdaries are issued for transporting guns which have no legal basis in law. Both the Federal and Provincial Government are also put on notice as to whether Rahdaries are issued and if so under which legal provision.

The court noted the free circulation of prohibited bore weapons in society is attaining epidemic proportions and such weapons are unfortunately being used daily in heinous crimes.

Office to fix this case soon after summer vacations.