A PIL for making stringent norms to curb the practice of 'celebratory firing' has been moved today in the Delhi High Court which sought the Centre and the AAP government's responses on it.
A bench of Chief Justice G Rohini and Justice Jayant Nath issued notice to the Ministry of Home Affairs (MHA), the Delhi government and to the Delhi Police Commissioner's office and sought their replies by August 17, the next date of hearing.
The court was of the view that "some guidelines and rules should be there".
The plea has been moved by the father of a girl who died in April this year as a result of 'celebratory firing' that took place during a marriage procession.
The petitioner, Shyam Sunder Kausal, contended that the act of celebratory firing at weddings and other functions, is an "obnoxious practice" which "causes terror in the general public".
In his plea, he has sought directions to the MHA to "frame stringent policy/rules/guidelines to curb obnoxious practice of celebratory firing".
He has claimed that the practice of celebratory firing is "not under check" and consequently the "numbers of deaths are increasing".
Apart from that, the petition filed through advocate Akash Vajpai also sought directions to the MHA to evolve a mechanism to ensure arms licences are not misused "and if anyone was found misusing their license, their license should be cancelled".
The petitioner has also sought directions to the Centre to
"impose heavy fine on the person who misuses his licensed arms and pay compensation to every injured person or those who die because of celebratory firing" as well as to make "stricter" the process for grant of arms licences.
It contended that "legislating a law proscribing arms in marriage/reception is requisite because in a free society, even our constitutional scheme of freedom curtails the right to assemble with arms under Article 19(1)(b)."
The plea also contended that "carrying of a gun in a marriage procession is illegal under the Arms Act, 1959 and Indian Penal Code 1860" and that even the "terms of license also forbade taking of a gun to a public assemblage".
Kausal, in his plea, has suggested that the Delhi Police should ensure that no incident of celebratory firing goes "unattended and unpunished".
The suggestions also include fixing a ceiling on purchase of bullets, carrying out verification of cartridge used before fresh ammunition is issued, disarmament of civilians and strengthening the civil police as well as involving local politicians, NGOs and banquet hall owners to ensure celebratory firing is not resorted to during weddings and other functions.
Apart from these, the plea also suggests that licensed weapons should be submitted for inspection at regular intervals at the nearby police station, every case of such firing should be probed whether a case is lodged or not and "indulging in celebratory firing be made an offence, with punishment as jail term and the convict must be made to pay adequate compensation to the victim or the victim's kin".
