KIRAT PAL SINGH Vs. U.O.I.

JUDGEMENT

(1.) An interesting issue has been raised by an IPS Officer of the Haryana Cadre in this case claiming a .38 bore revolver belonging to his late father as an heirloom by inheritance and succession and transfer of the prohibited/restricted bore handgun in his name. The petitioner's father Harnam Singh was an elected MLA from Shahabad Constituency of District Kurukshetra, Haryana. On 9.4.1988, the family of the petitioner was attacked by terrorists belonging to Babbar Khalsa International (BKI) at their residence. In the unfortunate assault, the petitioner's brother Khushdev Singh aged 30, sister-in-law Gurpreet Kaur aged 26 and cousin Gurdeep Singh aged 26 years died on the spot whereas father Harnam Singh, mother Jaswant Kaur and maternal uncle Hira Singh received bullet injuries while giving a tough fight to the assailants. Petitioner's mother Jaswant Kaur had got hold of one terrorist with his hair and another terrorist fired on her during which she received four bullet injuries, but survived. One terrorist died from a bullet injury by his companion. After the incident, the family was honoured with five Shaurya Chakras.

(2.) The terrorist attack was reviewed for security purposes by the Ministry of Home Affairs, Government of India and that is how the prohibited .38 bore revolver was licensed to Harnam Singh on 17.8.1990. Harnam Singh possessed his weapon till his death on 19.11.2013.

(3.) After the death of Harnam Singh, the petitioner applied for transfer of arms licence in his name under the family heirloom policy to the Principal Secretary (Home) Department, Haryana. As per the Ministry of Home Affairs Guidelines/Circular No.V-11016/16/2009-Arms dated 6.4.2010/31.3.2010 addressed to the Secretary (Home Department) of all States and Union Territories, informing the State Governments they have no power to issue an arms licence for a prohibited or restricted bore firearm and the decision vests exclusively with the Home Secretary, Government of India in the Ministry of Home Affairs, New Delhi.