FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Government of Pakistan, Islamabad vs MUHAMMAD BILAL and another
This petition for leave to appeal was filed by the Federation of Pakistan against a judgment of the Peshawar High Court, which had invalidated a government notification issued by the Ministry of Interior and Narcotics Control. The notification, issued under the Pakistan Arms Ordinance, 1965, sought to cancel all licenses for prohibited bore and automatic weapons granted after December 1, 1988, excluding specific categories. The High Court had ruled the notification unlawful and directed the government to establish a mechanism to review licenses individually, allowing licensees an opportunity to defend their grants. The Supreme Court noted that the Sindh High Court had reached a similar conclusion in separate petitions, while the Lahore and Balochistan High Courts had upheld the notification's validity. Recognizing the conflict of judicial opinion and the public importance of interpreting the scope of the government's power under the Ordinance, the Supreme Court granted leave to appeal. The Court ordered the matter to be heard alongside pending appeals from the Sindh High Court and directed that the Attorney General for Pakistan be notified to appear.
- Does the government have the authority under the Pakistan Arms Ordinance 1965 to cancel all licenses for prohibited bore weapons issued after a specific date?
- Is a notification cancelling weapon licenses valid if it does not provide an opportunity for licensees to be heard?
- Section 12(1)(b), Pakistan Arms Ordinance 1965
ORDER
' NASIM HASAN SHAH, C.J.---This petition is directed against the order passed by a Division Bench of the Peshawar High Court on 21-6-1992 whereby the notification issued by the Ministry of Interior and Narcotics Control dated 22nd August, 1990 under clause (b) of subsection(1) of section 12 of the Pakistan Arms Ordinance, 1965 cancelling all licences granted under the aforesaid Ordinance in respect of prohibited bore weapons and automatic weapons after the Ist day of December, 1988, other than those granted to certain specified categories of persons was cancelled. The High Court in its impugned judgment found the said notification not to be in accordance with law and directed the authorities to evolve a mechanism to look into the cases where the licenses had been issued recklessly and afford a fair chance to the licenaees to defend the issuance of licences in their favour.
2. The same notification of the Ministry of Interior and Narcotics Control was challenged before the Sindh High Court through 52 Constitution Petitions which too were accepted. The Government of Pakistan challenged the orders of the Sindh High Court through 52 Constitution Petitions (C.P. 294-K of 1992 etc.). A Bench of this Court sitting at Karachi has granted leave to appeal against the orders of the Sindh High Court as the petitions involved interpretation of section 12(1)(b) of the Ordinance and raised a question of public importance and also on the ground that the High Courts of Lahore and Balochistan while upholding the validity of the impugned notification had expressed a view contrary to that taken by the Sindh High Court.
3. Leave is accordingly granted in this case as well. The appeal arising from this petition will be heard alongwith the appeals arising from Civil Petition No,294-K of 1992 etc. Namely Civil Appeals Nos.600 to 652-K of 1992. Notice shall issue to the Attorney General for Pakistan to appear in these appeals, which shall be heard at the headquarters of the Court viz Islamabad.