IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO.393 OF 2023 IN SPECIAL LEAVE PETITION (CRIMINAL) NO.12831 OF 2022 RAJENDRA SINGH ...PETITIONER VERSUS STATE OF UTTAR PRADESH ...RESPONDENT

O R D E R

By order dated 28.02.2023, this Special Leave Petition was permitted to be withdrawn. However, the matter has been continued with respect to menace of unlicensed firearms. Therefore, while Special Leave Petition (Criminal) No.12831 of 2022 was permitted to be withdrawn, this Court retained seisin over the case by taking suo-moto notice in regard to the aspect of unlicensed firearms. During the pendency of this issue, the following orders were passed by this Court:

Signature Not V erified Digitally signed by RADHA SHARMA Date: 2025.09.12 Reason:

SLP(CRL) NO.12831/2022:

Date : 13-02-2023 “xxx It is again one of those cases where we find that according to the prosecution case, an unlicensed fire arm 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 fire arms in the commission of serious offences and this is very disturbing.

Unlike the Constitution of the United States where the right to bear fire arms is a fundamental freedom, in the wisdom of our founding fathers, no such right has been conferred on anyone under the Constitution of India. The matter relating to regulation of fire arms is governed by Statute, viz., Arms Act, 1959, inter alia.

It is of the greatest significance to preserve the life of all, that resort must not be made to unlicensed fire arms. In particular, if unlicensed fire arms are freely used, this will sound the death knell of rule of law.

We deem it appropriate, therefore, to make use of this case to ascertain and do whatever may be necessary so that the problem of unlicensed fire arms are firmly dealt with by the authorities.

The respondent-State will, accordingly, place an affidavit before this Court as to the number of cases it has registered under the Arms Act or under any other law enabling it to do so for the possession and use or any other aspect relating to unlicensed fire arms. Such an affidavit shall be filed within a period of four weeks from today. The affidavit will be sworn to by the Director General of Police of the respondent-State. The affidavit also will indicate the steps taken by the respondent-State towards rooting out the evil of unlicensed fire arms.”

MISCELLANEOUS APPLICATION NO.393/2023 IN SLP (CRL) NO.12831/2022;

Date : 21-03-2023 “The problem which is engaging the Court in the suo motu case is the phenomenon of unlicensed fire arms. An affidavit has been filed by the Director General of Police State of Uttar Pradesh. In the nature of the case, we feel that the interest of justice require that the court should receive assistance from an Amicus Curiae. Accordingly, we appoint Mr. S. Nagamuthu, learned senior counsel as an Amicus Curiae to assist the Court.

xxx”

Date : 13-04-2023 “xxx This is a matter concerning the proliferation of unlicensed fire arms a phenomenon which appears to be very common as can be seen when the Court hears through criminal cases. It has very serious consequences both in terms of the right to life as also the administration of justice.

Today, Mr. S. Nagamuthu, learned Amicus Curiae, would submit that it is necessary to deal effectively with the matter, that the Court gets inputs and suggestions from all the States and the Union Territories of the country.

We are of the view that the submission made by Mr. S.

Nagamuthu, learned Amicus Curiae is well justified.

Issue notice to all the States/Union Territories. The States/Union Territories will file their response indicating as to the contours of the problem of unlicensed fire arms in the form of figures relating to the cases under the Arms Act which involves the use of unlicensed fire arms. The Respondents-States/Union Territories will also indicate as to what steps they have taken to deal with