Interior minister, secretary get powers to issue arms licenses

Aftab Ahmed

Islamabad:  The government has delegated authority to issue Prohibited Bore (PB)/Non-Prohibited Bore (NPB) Arms Licences’ in Pakistan to the minister and secretary Interior division.

The Cabinet has taken a decision keeping in view the workload on the cabinet.

The cabinet has approved the delegation of authority to issue Prohibited Bore licenses to Minister for Interior and Non-Prohibited Bore licenses to Secretary Interior, under Section 11-A (2)(3) & (5) of Pakistan Arms Ordinance, 1965.

The Interior Division briefed the Cabinet that the Federal Government was the authority to issue Prohibited Bore (PB) and Non-Prohibited Bore (NPB) Arms Licenses in terms of Section 11-A (2) & (3) of Pakistan Arms Ordinance, 1965.

In compliance with the directions of the Prime Minister and in adherence to the legal framework, the Ministry of Interior proposed amendments in terms of Section 11-A (2) &(3) of Pakistan Arms Ordinance, 1965 that the Federal Government may delegate any of its powers to any authority or officer sub-ordinate to it.

Law and Justice Division had vetted the draft Bill Pakistan Arms (Amendment) Act, 2021.

The parliament had approved the draft Bill Pakistan Arms (Amendment) Act, 2021.

As a result, in the Pakistan Arms Ordinance, 1965 (W.P. Ord, XX of 1965), in section 11A, after sub-section (4), the following new sub-sections had been added:

＂（5), The Federal Government may, by notification in the Official Gazette, delegate any of its powers under this Ordinance to any authority or officer sub-ordinate to it, subject to such extent, limitations and conditions as are specified in the notification.

All prohibited bore and non-prohibited bore arms licenses issued, canceled, suspended or modified, actions done, powers exercised, appointments made, persons authorized, agreements made, prior to commencement of the Pakistan Arms (Amendment) Act, 2020, shall be deemed to have validly been issued, canceled, suspended, modified, done, exercised, made and authorized under this Ordinance.”.

Keeping in view the above-mentioned amendment and the huge workload of the Federal Government (Cabinet), the interior ministry had proposed to approve delegating powers of issuance of PB Arms licenses to the Minister or Secretary and NPB Arms licenses to Minister, Secretary or Additional Secretary(Admn), Interior Division.

The Interior Ministry had sought approval of the Cabinet.

During the discussion, some of the members advocated retaining the authority to issue Prohibited Bore licenses with the Cabinet or delegate it to the Prime Minister.

However, the majority of the members advocated for delegating powers to the Ministry of Interior.

The Federal Cabinet has approved the issuing of licenses for prohibited bore weapons to Federal Ministers in Pakistan who included Fawad Chaudhry, Zubaida Jalal, federal Secretaries, scores of generals, air marshals, high court judges, and retired officials.

Cabinet issued prohibited bore licenses to dozens of officials in Pakistan for self-protection.

On June 22, 2021, the Interior Division informed the Cabinet that, under Section 11 (A 2) of the Pakistan Arms Ordinance, 1965, the Federal Government/Cabinet was the responsible authority for the issue of licenses for Prohibited Bore (PB) weapons/ammunitions in Pakistan.

On June 27, 2013, the Ministry of Interior imposed a ban on the issuance of Prohibited Bore weapons and NPB arms licenses in Pakistan.

But the Federal Government had lifted the ban on the issuance of prohibited bore weapons’ licenses for the Prohibited Bore category, but only to the extent of giving weapons to General Officers or equivalent, officers or other ranks of the military, in accordance with the Army Regulations (Instructions).

Under Section 11-A (2) of the Pakistan Arms Ordinance, 1965, the Interior Ministry requested that Civil/Army Officers/High Court Judges grant Prohibited Bore (PB) arms licenses in Pakistan.

During the discussion, the Cabinet queried once more as to why the interior division had submitted cases of Prohibited Bore weapons licenses for approval despite repeated demands to alter the law/rules to bring them under the Ministry’s jurisdiction.

The Interior Division informed that the Bill to Amend the Pakistan Arms Ordinance, 1965, was currently being debated in the Senate and was likely to enact soon.

Following a brief deliberation, the Cabinet approved the issuing of licenses for forbidden buildings to 67 applicants.

Earlier, the cabinet has delegated powers to Prime Minister Imran to issue licenses of Prohibited Bore (PB) weapons by annulling powers granted to the Interior Secretary in violation of arms policy.

Now, the prime minister will be the final authority to issue licenses for all prohibited bore arms and weapons in Pakistan. Earlier, the cabinet had empowered the secretary of the interior to issue licenses of prohibited bore weapons in Pakistan.

Cases of arms licenses (prohibited and Non-prohibited Bore) were processed by the Ministry of Interior in light of arms policy 2012. Under Arms Policy 2012, the authority to issue licenses for prohibited bore weapons was to be the prime minister.

The cabinet had decided to delegated powers of issuing licenses of prohibited bore weapons to Interior Secretary. However, cabinet in a recent meeting chaired by Prime Minister Imran khan has annulled the decisions to delegate powers to Interior Secretary.

The Prime Minister has observed that approval granted by the cabinet delegating the powers to issue prohibited bore arms licenses from the prime minister to the Interior secretary was not in accordance with section 11-A (2) of the Pakistan Arms Ordinance 1965.

More Read: Prohibited Bore licenses allowed to Shahbaz Gill

In light of these observations, Prime Minister had directed that Interior Division submit a fresh summary seeking permission of the federal government for issuance of all prohibited bore arms licenses issued in contradiction to the provisions of Pakistan Arms Ordinance 1965.

As per section 11-A (2) and (3) of the Pakistan Arms Ordinance, 1965, the federal government has the authority to issue prohibited and non-prohibited arms licenses. Supreme Court had declared the federal government as cabinet. Hence, in accordance with the aforementioned sections of the Pakistan arms ordinance 1965, the powers to issue licenses rest with the cabinet.

However, as per policy and practice, the issuance of arms licenses continued even after the judgment of the Supreme Court. The government has also regularized the licenses issued in violation of the Supreme Court’s judgment.

Read More: Cabinet to approve issuing PB arm license to CM Punjab

Now, the government has also decided to amend Pakistan Arms Ordinance 1965 to specify appropriate authority for issuance of the prohibited bore and non-bore prohibited arms licenses. The ministry will submit a bill to amend the ordinance to the cabinet committee for Disposal of Legislative Cases (CCLC) for placement before parliament.