Issuance and cancellation

2012 PLD 505 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 3(1)(d), 9 & 11Arms Rules, 1924, Rr.33, 41-A, 42(3)(6), Forms XVI and XVI-AConstitution of Pakistan, Art.199Constitutional petition-Arms licencesWords "in the manner" in S.9, West Pakistan Arms Ordinance, 1965ImplicationIssuance and cancellationNational Database and Registration Authority (NADRA), authority of

Grievance of petitioners was that Federal Government could not cancel arms licences already issued to them under West Pakistan Arms Ordinance, 1965, and NADRA had no authority to issue computerized licences

Validity

Arms licences, under Rule 42(3)(b) of Arms Rules, 1924, including licences issued under Forms XVI and XVI-A were renewed at Post Offices, where those had been registered under Rule 41-A of Arms Rules, 1924, and both the Rules were still in force and had not been amended

Computerized card licence did not have any such provision for registration with and/or renewal by Post Office, therefore, such aspect was contrary to Arms Rules, 1924 and Forms prescribed by the Rules made under West Pakistan Arms Ordinance, 1965, which was still in force

Without amending Rule 41-A of Arms Rules, 1924, arms licence could not be registered and or renewed by any other authority or agency except by Post Office where the licence was registered

Words "in the manner" mentioned in S.9 of West Pakistan Arms Ordinance, 1965, implied that licences for having possession or control of any arms or any ammunition or military stores must be in the Forms prescribed by the Rules because, except for Forms prescribed by the Rules, there was no other "manner" given or prescribed under the Rules, the same was contrary to the "manner" prescribed by the Rules and was violative of S.9 of West Pakistan Arms Ordinance, 1965

Federal Government or any Provincial Government as defined in S.3(1)(d) of West Pakistan Arms Ordinance, 1965, could not issue arms licences in violation of any of the provisions contained in West Pakistan Arms Ordinance, 1965, or in Arms Rules, 1924

Scheme of Federal Government and actions of issuance of computerized card licence was contrary to Rules and S.9 of West Pakistan Arms Ordinance, 1965

High Court declared the scheme of Federal Government as without lawful authority, jurisdiction and of no legal effect

Petition was allowed in circumstances.