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of <h1>Court Upholds Decision: Air Guns, Rifles, Pistols Subject to Arms Act</h1> <h3>People For Animals Versus Union Of India & Others</h3> The Court dismissed the applications seeking clarification/modification of the judgment that quashed the exemption of air guns, air rifles, and air ... - Issues Involved:1. Clarification/modification of the impugned judgment dated 30.09.2010.2. Non-impleadment of necessary parties.3. Impact on sports and manufacturing industry.4. Court's jurisdiction over legislative functions.5. Air guns/rifles/pistols classification under the Arms Act.6. Allegations of bias.7. Scope of review jurisdiction.Issue-wise Detailed Analysis:1. Clarification/Modification of the Impugned Judgment:The applicants sought clarification/modification of the judgment dated 30.09.2010, which quashed the exemption of air guns, air rifles, and air pistols from regulations under the Arms Act, 1959. The Court analyzed the applications for clarification/modification, noting that the pleadings and grounds were almost identical and addressed them simultaneously.2. Non-impleadment of Necessary Parties:The respondents argued that the petitioner deliberately did not implead necessary parties, including the Ministry of Home Affairs, Ministry of Environment and Forest, and the Animal Welfare Board of India. They alleged that the Chairperson of the petitioner, who was also the Minister of Social Justice and Empowerment, influenced the proceedings. The Court noted that the respondents were not necessary or proper parties to the original writ petition, as it questioned the legality and constitutionality of an exemption notification. The necessary party in such proceedings is the concerned government or its statutory agency.3. Impact on Sports and Manufacturing Industry:The respondents claimed that the impugned judgment adversely affected sports, particularly shooting events, and led to the closure of manufacturing industries. They argued that air guns/rifles/pistols used for target practice are not firearms but mere toys. The Court concluded that air guns/rifles/pistols fall under the definition of firearms as they discharge projectiles using compressed air or gas, thus subject to the provisions of the Arms Act.4. Court's Jurisdiction over Legislative Functions:The respondents contended that the Court overstepped its jurisdiction by interfering with legislative functions and that the power of exemption vests with the Central Government. The Court emphasized that its role is to interpret the law and ensure that legislative intent is upheld without overstepping its jurisdiction.5. Air Guns/Rifles/Pistols Classification under the Arms Act:The Court examined the definition of 'firearms' under Section 2(e) of the Arms Act, which includes arms discharging projectiles by any form of energy, including compressed air or gas. It concluded that air guns/rifles/pistols are not mere toys but firearms subject to the Act's provisions. The Court also noted that the grant of a license for firearms is a statutory privilege, not a fundamental right.6. Allegations of Bias:The respondents alleged bias due to the involvement of Mrs. Maneka Gandhi, the Chairperson of the petitioner organization and former Union Minister for Social Justice. They claimed she influenced the Union of India's stand in the writ petition. The Court found no substantial evidence to prove bias or improper behavior by Mrs. Gandhi. It emphasized that allegations of bias must be based on clear facts, not insinuations or conjectures.7. Scope of Review Jurisdiction:The Court reiterated that its review jurisdiction is limited to examining errors apparent on the face of the record or new material that could not have been disclosed earlier. The applications for clarification/modification were deemed unmerited and dismissed. The Court highlighted that the proper remedy for the applicants was to seek an appeal, not a review.Conclusion:The applications for clarification/modification of the impugned judgment were dismissed. The Court upheld its original decision, emphasizing the statutory framework and legislative intent behind the Arms Act and related provisions. The allegations of bias were rejected, and the scope of review jurisdiction was clarified.
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