The Delhi High Court on Thursday ordered a review of the Indian government’s ban on importation of firearms by foreigners and banned the importation into the country of firearms and ammunition for personal use, which it termed “the worst of laws”.
The court said the government’s move was “the most severe” of its kind since it banned importation in 1989 and imposed stringent restrictions on the sale of arms and ammunition in the country.
The court had on July 31 issued notice to the government to submit its reply by September 12.
The government said it was awaiting the court’s decision.
The government has sought a stay on the decision, but a high court bench of Chief Justice Mukul Rohatgi and Justice P Sathasivam refused to grant it.
The bench of the Supreme Court, which was hearing a petition filed by the BJP government seeking a stay of the order, had on August 2 directed the government not to take any steps against the importations of firearms, ammunition and other articles.
The apex court had earlier said that the ban on imports of arms, ammunition, fireworks and fireworks shells, which are banned under Section 124A of the Arms Act, “is of such a nature as to be beyond the jurisdiction of the Parliament and is contrary to Article 19(2)(b) of the Constitution of India”.
“The court has also directed the Home Ministry to expedite its notification regarding the ban,” the bench said.
The order came after a court on August 3 had banned the entry of a private citizen into the US, which the government had said was in breach of the Second Amendment to the Constitution.
The US Supreme Court on April 30 ordered a nationwide stay on President Donald Trump’s decision to ban entry to the country from seven predominantly Muslim countries.
In its order, the court had said that US courts are required to take into account the “public safety” in determining whether the president’s ban was “necessary and proportionate” to protect the public from threats posed by foreign terrorists and foreign terrorist organisations.