Surrendering arms' licences to Nadra: LHC bars government from implementing deadline

31 Dec, 2011

The Lahore High Court (LHC) on Friday barred the federal government from implementing deadline for surrendering arm licenses to Nadra till next date of hearing of the case. The court issued the order on identical petitions filed by many arms' license holders, who had challenged the directives of Ministry of Interior asking the license holders to surrender their licenses to Nadra by December 31.
Counsel for the petitioners, Barrister Ali Zafar, pleaded that the process for issuance of arms' license, ownership of firearms, sale, purchase and exchange as well as the issuance of ammunition was regulated and prescribed by Pakistan Arms Ordinance, 1965 and Arms Rule 1924. He said the only way to amend these rules was a Gazette Notification.
He argued that instead of amending the rules after due consultation with all stakeholders, the government had instantly issued the impugned directives. He said although the government had issued a notification delegating powers to make rules to Nadra, this was not as per rules and illegal because there was no power to sub-delegate.
He submitted there was no harm in computerisation of the licenses but the entire process should be contained in duly notified rules. A deputy attorney general appeared on behalf of Interior Ministry and argued that the government had decided to computerise licenses and had notified that Nadra could do so in accordance with law.
The court after hearing arguments of the parties directed the attorney general to seek instructions as to whether the government was willing to comply with such a process and restrained the respondents from implementing the deadline of surrendering arms licenses till the next date of hearing.

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