PA speaker, feudals get stay order against cancellation of automatic arms licences

More than 70 automatic arms licence holders, including Sindh Assembly speaker Agha Siraj Durrani, feudal lords and private companies, obtained an interim stay order on Wednesday from the Sindh High Court against the interior ministry’s decision about cancellation of their automatic arms licences.

The court has restrained ministry of interior from taking any adverse action against the arms licence holders till further orders. The direction came on a petition filed by Agha Siraj Durrani, Sardar Gaib Chandio, the Omni Group and others, who possess several licences of sophisticated automatic weapons, including Kalashnikovs, MP-5s, 7.62mm rifles, .223 bore rifles and G-3 rifles, against the interior ministry’s notification regarding cancellation of all licence of automatic weapons.

The petitioners’ counsel submitted that the licences of automatic weapons had been cancelled by issuing omnibus notification in violation of the provisions of Section 12 of the Pakistan Arms Ordinance, 1965. The counsel submitted that no opportunity of being heard was provide to the petitioners, whereas after the 18th constitutional amendment, item No 17 in the concurrent legislative list pertaining to arms, firearms and ammunition now fell within the domain of the provinces therefore the executive authority to administer the aforesaid law now vested in the respective provincial governments.

They submitted that the recent terrorism incidents had exposed the law and order situation in the province and sudden withdrawal of federally issued prohibited bore arms license from the petitioners would expose them to threats to their lives, safety and well being.

They submitted that it had been time and again held by the Supreme Court that the grant of a licence was a privilege and licensee acquired a right to the enjoyment of the privilege in accordance with the terms and condition of the licence.

They said that such a right could not be taken away without observing any violation of the said terms and condition therefore an opportunity of being heard should be given to the petitioners in order to prevent an arbitrary withdrawal of the privilege.