PEOPLE FOR ANIMALS Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of these Interlocutory Applications, the applicants, (i.e. fifth and sixth respondents, referred to hereafter as such) have sought clarification/modification of order dated 30.09.2010 (hereafter, impugned judgment ), whereby, inter alia, entry No. 1(3) of Schedule II of the notification bearing No. GSR 991 (hereafter, the exempting notification ), dated 13.07.1962 issued under sub-clause (vii) of clause (b) of sub-section (i) of Section 2 of the Arms Act, 1959 (hereafter, the Act ) by the Central Government exempting the air guns, air rifles and air pistols from all the regulations and controls under the Act, was quashed.

(2.) The facts, in brief, which led to the filing of these applications are that the petitioner (hereafter, PFA ) preferred a writ petition challenging the above-said notification of the Central Government on the grounds, inter alia, that although the object of the Arms Act is to preserve public security, as also maintenance of public order, the basic requirements thereof have been given a go-bye by liberalizing the policy of grant of license of arms, which resulted in unhampered distribution, sale and possession of firearms in the country. The same lead to disastrous results, in as much as by reason thereof guns were being used for killing or maiming of animals or birds. The petitioner, however, was not against the target practice. The writ petition was allowed on 30.07.2002.

(3.) The applicants herein, i.e. National Rifle Association (respondent no. 5, hereafter, NRA ) and Toy Air Gun, Air Rifle, Air Pistol & Pellets Manufacturers (W) Association (respondent no. 6, hereafter Manufacturers? Association ), claiming to be aggrieved by the impugned judgment filed separate applications seeking leave to file impleadment application and applications under Order I, Rule 10 of the C.P.C. seeking impleadment. They also filed applications under section 151 of the Code seeking stay of the impugned judgment and separate applications seeking clarification/modification of the impugned judgment.