K SUKUMARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner has prayed for the issue of a Writ of Declaration declaring that the amended Rule of Clause (c) in sub Rule (1) to Rule 114 of the Explosives Rules, 1983, as ultra vires of the Constitution insofar as the petitioner is concerned and consequently, pass permanent injunction restraining the respondents from implementing the said rule in any way against the petitioner.

(2.) The writ petitioner K.Sukumaran contends that he is a duly licensed dealer in arms, ammunitions, chemical and explosives and is carrying on the said business at No.6, Venkalakadai Street, Third Lane, Madurai for more than 11 years. A licence has been issued for sale of explosives under Rule 114 (c) of The Explosives Rules, 1983, framed under The Explosives Act, 1884. The explosives are used to dig wells and also for splitting jallis from the rocks. The gun-powder is a low energy explosive and the fuse is like a device, which will ignite the gun powder with fire thereby splitting the rock and stones. The actual users should furnish their names and addresses and the sale is intimated to the nearest police station. There are sufficient precautions in the trade as well as its use. Rule 114 (1)(c) takes away the rights hitherto enjoyed by him to possess for trade to actual user within the State of Tamil Nadu of gun powder not exceeding 5 kgs and 50 metres of safety fuse without any consumer licence. The amended rule is unconstitutional, discriminatory, violative of Article 19 (1)(g), is against the public interest, is violative of Article 14 and therefore, the rule is liable to be quashed.

(3.) On behalf of respondents 1 to 3, a counter has been filed. In the counter, it has been stated that the amended rule has been placed before both the Houses of Parliament. The Explosives Rules, 1983 has been framed in the interest of public and public safety. Law and order is a State subject and at the request of the State, the rule has been amended suitably. The Government of Tamil Nadu requested the Central Government to amend the rule. The proposal for amendment was published and no objection was received. Thereafter, the rule has been amended by the Central Government and it was placed before both the Houses of Parliament. Since other States have not requested for amendment of the rule, the amendment is confined only to the States of Tamil Nadu and Kerala. The rule has been published in the Official Gazette and it has been published in terms of Sub Section (2) of Section 18 of the Explosives Act, 1884.