SAYED TASSADQUE HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is an advocate of this court and has filed this writ petition as Public interest litigation. The following beliefs have been sought in the writ petition; (a) that sections 4, 13 and 25 of the Indian Arms Act be struck down as ultra vires Articles 14, 19 and 21 of the Indian Constitution as applicable to the State of Jammu and Kashmir in the alternative;(b) for a writ of mandamus to the respondents to exempt those minorities that have suffered huge loss of life or property In States of U.P., M.P., Maharashtra, Gujarat, Punjab and Jammu and Kashmir due to communal frenzy during the past two years from the operation of the said Act, and in the alternative; (c) If a comprehensive relief of the nature mentioned above cannot be legally granted for a direction to respondent No.2 to liheralise the policy of grant of licences for small arms for purposes of self-defence in favour of Muslims and Kashmiri Pandits in Jammu and Kashmir State; and For a writ of Mandamus or a direction to respondent No- 2 to publish the statistical data showing bow many licences for small arms have been issued in favour of Muslims in Jammu and Kashmir State, contrasted with the number of licenses issued in favour of non-muslims in the State of Jammu and Kashmir for purposes of self-defence of person and property. This relief is claimed under Article 19(1) of the Indian Constitution; And in view of; the administrative apathy to project the life of minorities in the States of U.P., M.P., Maharashtra, Gujarat. Punjab. Delhi and Jammu and Kashmir, a direction under Article. 21 of the Constitution of India to the Union of India to create;

(2.) The thread passing through the writ petition for claiming the relief as noticed above, is the concern expressed by the petitioner on the growing communal riots and communal frenzy in various parts of the country. The petitioner has quoted from the letter of his resignation as Central Govt, Standing Counsel as also from certain articles appearing in different national newspapers to bring to the notice of the court that communal riots are on the rise and has on that account submitted that the policy for grant of licenses should be liheralized more particularly in the case of the members belonging to the minority community.

(3.) Mr. S.T. Hussain has submitted that the provisions of sections 4, 13 and 25 of the Indian Arms Act are ultravires Articles 14 and 19 of the Constitution of India and that they be so declared or that in the alternative a direction be issued to the respondents to liheralise the policy for grant of licences to possess fire arms more particularly In the case of members belonging- to the minority community and that the Union Government al asked to amend the Arms Act accordingly. JAMMU Page3of4