HC notice on plea questioning extension of exemption to Kodavas from gun licence

The High Court of Karnataka on Wednesday ordered challenge of notice to the State and Union governments on a PIL petition questioning the 2019 notification of granting exemption to Kodavas and Jamma land holders in Kodagu district from the requirement to receive a licence to carry and possess firearms as required below provisions of the Indian Arms Act, 1959.

A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Suraj Govindaraj handed the order on a PIL petition filed by Capt. Chethan Y.K., who retired from quick service fee of Indian Army. The petitioner has questioned the constitutional validity of the notification issued by the Ministry of Home Affairs extending the exemption for “every person of Coorg race and every Jamma tenure land holder in Coorg” from gun licence until October 31, 2029.

It has been contended that the Union authorities within the newest notification of October 2019 has not “in letter and spirit reviewed or reconsidered” its 1966 notification of granting exemption from acquiring gun licence indefinitely however has solely restricted the interval of exemption for 10 years, that’s, until October 31, 2029 regardless of sure observations made by the High Court in earlier proceedings.

The classification, “every person of Coorg race and every Jamma tenure holder in Coorg” isn’t based mostly on any intelligible or, even, actual components and such classification isn’t necessitated by the goals of the Arms Act of 1959, and this classification and use of time period ‘Coorg race’ promotes discrimination between the residents of Coorg area on the bottom of caste, violating Article 15 of the Constitution, the petitioner has contended.

By granting exemption below the impugned notification, the petitioner has claimed, the MHA has made away with the scrutiny of individuals earlier than granting licence in respect of the individuals belonging to the ‘Coorg race’, and this itself isn’t solely derogatory to the residents of the complete nation apart from the ‘Coorg race’ but additionally possess a menace to the life and liberty because the folks exempted are permitted to maintain arms and ammunition with none scrutiny of their antecedents or legal information.