Dummy weapons are not classified as arms under the Arms Act, 1959, and administrative rejection of their use for film shooting was unjustified.

ORDER

This Writ Petition has been filed to call for the records of the impugned order Rc.No.E2(3)/371/96030/2021, dated 20.12.2024, issued by the third respondent, quash the same, and subsequently, direct the respondents to issue certificates including Identity Card to the Members of the “SOUTH INDIAN MOVIES DUMMY EFFECTS ASSOCIATION” to use dummy weapons for film shooting in the State of Tamil Nadu.

2.The case of the petitioner in brief is that, the petitioner is an association for South Indian Movies Dummy Effects and it consists of six members. Dummy weapons are used to resemble genuine weapons, but they do not bear any serial numbers or licenses. The dummy weapons and other related articles are used for the purpose of shooting films. Further, there is no law governing this profession and no rules or regulations have been framed to streamline it in Tamil Nadu. Further, there is no system in place to control the movement of dummy weapons, unnecessary hindrances and harassment are faced by the petitioner. In the State of Maharashtra, it has been streamlined by issuing license to those involved in it, based on the order of the Hon’ble Bombay High Court in W.P.No.380 of 1999. While being so, the petitioner submitted a representation to verify all the dummy weapons possessing the Masters of the petitioner and issue certificates including the Identity Card to the Masters of the petitioner to use the dummy weapons for film shooting in Tamil Nadu. However, it is not considered and hence, the petitioner was constrained to file a writ petition in W.P.No.23987 of 2021 before this Court. This Court, vide order dated 18.11.2022, directed the third respondent to consider the representation submitted by the petitioner in the light of the guidelines issued by the High Court of Bombay in W.P.No.380 of 1999 within a period of four weeks. It is relevant to extract the guidelines issued by the High Court of Bombay, in W.P.No.380 of 1999, dated 23.04.1999, in M/s.Movies Action Dummy Effects Association Vs.State of Maharashtra and another.

“?5. All the dummy weapons in use or to be used shall be numbered or marked for identification. Before the dummy weapons are numbered or marked, they should be produced before the Arms and Ammunition Branch to office of the Commissioner of Police, Mumbai. The dummy weapons so numbered or mark only shall be allowed to be used for/film shooting. Each weapon shall be given a separate licence or a movement pass.

6. The original licence or pass shall be carried during transit of such dummy weapons to enable identification of such weapon. The original licence or pass only and not a copy or xerox copy of such licence can be carried.

7. The person carrying such licenced articles shall also carry an identity card issued by the organisation of which he is a member and only such persons holding identity cards shall be authorised to carry such articles. Persons not holding identity cards shall not be authorised to carry such articles. However, on a request either by the organisation or the owner of such articles, names of the persons who would be authorised to carry such authorised articles would be recorded on such licence.

8. Any new article before use shall be produced before the Arms and Ammunition Branch and shall be numbered or marked. Licences or pass shall be obtained for such numbered or marked articles.

9. The owners of such articles and explosives use shall store them in safe custody. In case of organisations the responsibility of keeping such weapons and explosives in safe custody shall be entrusted to the officers of such organisation. It shall be the liability and responsibility of the licence holders to ensure that such articles would not be reaching into the hands of persons not holding the licence or not recorded on such licence. This condition shall be recorded on the lincence itself.

10. If any explosives are required for using such articles, licence or pass shall be required for all such explosives except thos