Indore educator gets sharp-edged weapon licence after 7-year-long fight
Subhash Singh applied for the licence of a sharp-edged weapon for self-defense in 2017 as he had to go to many remote areas.
A technical education instructor working with the MP school education department fought a legal battle for seven years to get a licence of a sharp-edged weapon.
In a first-of-its-kind order, the divisional commissioner court of Indore ordered that the license for sharp-edged weapons, which will have a unique number, to be issued.
The instructor Subhash Singh, a resident of Vijay Nagar, Indore, had applied for the licence of a sharp-edged weapon for self-defense in 2017 as he had to go to many remote areas including Jhabua and Alirajpur and he can’t purchase firearms. The district administration rejected his application by saying that there is no such provision.
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“In 2021, he had filed an application before the High Court of Indore bench. Judge Pranay Verma on April 19, 2022, considered this matter of public interest and converted it into a PIL, said Vishal Shrivasatav, an advocate.
The matter reached before the double bench comprised of Judge Vivek Rusia and Judge Amar Nath Keshrwani but the court dismissed the petition by saying that the petitioner’s personal interest in involved in this case therefore he can’t file a PIL as a pro bono litigant. “This petition as PIL is not maintainable’ said the court in an order given in May 2022.
However, Singh didn’t stop here and he filed an RTI before Jhabua police to know the arms act cases. Singh said, “I found that 76 cases have been registered in Jhabua itself from 2018 to 2022 under Arms Act and mostly for carrying ‘Falia’ (a sickle-like agricultural equipment used by tribal).
He filed another application before the court and mentioned it. Singh said, “I again filed a petition that a process should be established for the license of sharp-edged weapons. Judge Pranay Verma on January 2023 directed the additional district magistrate (ADM), arms section to advert to and decide petitioner’s pending application (of license) within a period of four months.”
The then ADM Somvanshi started the process on the court's order but rejected the license application on the direction of the deputy commissioner of police, Indore.
After rejection by ADM in December 2023, an application was filed in the Divisional Commissioner Court for license in January 2023.
Subhash Singh said, “There was no clear procedure for license here. The information about the procedure for this was sought from the Union Home Ministry but no information was found under RTI. On appeal, it was found that licenses for sharp weapons have been given earlier also. A gazette notification was also issued in 1974 regarding this. Currently, there is no information in this regard. There is no option on the portal for applying for license.”
However, he finally won the battle due to a gazette notification from the Government of India issued on July 15, 2016, that licensed arms include firearms and sharp or lethal weapons i.e. swords. According to the notification, the district magistrate is empowered to issue new license for those in his area.
Divisional Commissioner Deepak Singh released the order on September 12, 2024. “The Gazette notification of the Government of India, it was revealed that apart from firearms, licensed arms include firearms and sharp or lethal weapon i.e. sword.”
The order issued from the Division Commissioner's Office has been sent to the ADM office for further process.
However, Home Department officials said now the entire system needs to be changed as India doesn’t have any authorised seller of sharp-edged weapons.
“According to the order, a weapon of more than 6x2 inches should have a unique number but in India, there is no authorised seller of sharp-edged weapons so how will he get the weapon with a unique number. Similarly, the portal of arms license doesn’t have any column related to sharp-edged weapon so under what head he will get the license,” said an officer of the home department, who didn’t wish to be named.
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