Amicus Curiae Advocates Stringent Conditions For Bail Under Arms Act
1 year, 1 month ago

Amicus Curiae Advocates Stringent Conditions For Bail Under Arms Act

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Senior Advocate S Nagamuthu, the amicus curiae in an ongoing suo motu case in the Supreme Court aimed at curbing the proliferation of unlicensed firearms, has suggested making bail provisions under the Arms Act, Explosives Act, and Explosive Substances Act more stringent, akin to those in the Prevention of Money Laundering Act and the Narcotic Drugs and Psychotropic Substances Act. Other than this, the amicus curiae has proposed referring the question of potential legislative changes to the law commission, to study the inadequacies in the existing laws and within six months, to recommend amending the existing laws, or making new laws to strengthen regulatory measures in respect of, the manufacture, sale, import, export, use, possession, and storage of arms and ammunition”. The union government, instead of having discussions internally within the home department on the above areas of focus, may also involve in the deliberations other departments like defence, science and technology, law and justice, the customs and central excise, etc.” The amicus curiae's suggestions even call for the Centre to conduct quarterly meetings of the chief secretaries and police chiefs in all states and union territories to survey the situation and study the peculiar conditions prevailing in each region, along with the difficulties experienced by the state agencies in curbing the proliferation and use of illegal arms and ammunitions. The amendments to the Arms Act, Explosives Act, 1884, and Explosives Substances Act, 1908 that have been recommended by the amicus curiae are – Special police units for each district, or for more than one district, consisting of specially trained police officers, should be constituted, empowering them exclusively to investigate the offences under these special laws.

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