CAPT. CHETHAN Y.K. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner before this Court, who is an ex-army officer, resident of Galibeedu village of Madikeri Taluk in Kodagu District, has filed the present petition being aggrieved by the notification issued by the Government of India bearing No.SO.3872(E), dtd. 29/10/2019 continuing the arms exemption granted to 'Coorg/Kodava Race' and 'Jamma tenure-holders' claiming it to be violative of Articles, 14, 15 and 21 of the Constitution.

(2.) The petitioner's contention is that during the British regime the system of licence and exemptions were brought after the 1857 War and the British Government enacted Act No.31/1860, which was known as 'Disarming Act' repealing the earlier Arms Act, 28 of 1857. The British Government granted exemptions to Kodagas/Kodavas and few other Jamma Ryots vide notification dtd. 26/2/1861.

(3.) It has been stated that in the year 1878 the British Government enacted Act No.11/1878 known as 'The Indian Arms Act' and again exemption was granted from obtaining a licence in respect of certain category of arms to persons belonging to Coorg Race and Jamma tenure-holders. The Arms Rules were also enacted i.e., Indian Arms Rules, 1909 and various notifications were issued from time to time granting exemptions to certain category of persons. The petitioner further stated that after Independence, vide notification dtd. 6/7/1963 and 26/12/1966, again exemptions were granted.