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This is an archive article published on June 1, 2011

They have arms but cannot fire

They have arms but cannot fire. This is the dilemma of the Punjab wildlife officials,who were allotted weapons after a Supreme Court order more than a decade ago.

Allotted weapons after a Supreme Court order,Punjab wildlife department officials are not allowed to use these under the Indian Arms Act

They have arms but cannot fire. This is the dilemma of the Punjab wildlife officials,who were allotted weapons after a Supreme Court order more than a decade ago. They are not allowed to use these as the Indian Arms Act,1959,does not include them in the list of government officials who are exempted from taking a licence to use firearms.

In the past 12 years,Punjab Wildlife Department has time and again written to the State Home Department to get clarity on the matter. The Punjab government in turn wrote to the Union Home Ministry,but the final decision is yet awaited.

Chief Wildlife Warden Gurbaaz Singh said he was again taking up the decade-old issue. With poachers and smugglers using high-tech weaponry,it was becoming difficult for staff to check them with lathis,he said.

Sources said the authorities had also mooted that the officials may take licences on their own for the allotted weapons,but the proposal found no takers,besides the move would not have legal sanctity.

Singh has cited the order of the Rajasthan government in the note that he has prepared to broach the matter with the state government. He has stated that as per a Rajasthan government order,the wildlife staff have been provided arms and ammo to fight smugglers and poachers,and they would not use it for any unlawful purpose. The Rajasthan government has also notified that in case of improper firing,an inquiry would be conducted by the district magistrate and the report would be submitted to the Home Department,after which action would be taken against the guilty,the note added,while pressing for Punjab’s case.

Notably,in 1997,the Supreme Court had ordered all the state governments to provide arms and ammunition to wildlife staff to effectively control poaching and for self-defence. In 1999,the government ordered the wildlife department to get arms from Punjab Police Academy (PPA),Phillaur.

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The then Chief Wildlife Warden wrote to the Principal Chief Conservator of Forests (PCCF),Punjab,saying that the Home Department has decided to allot 23 guns and three revolvers from State Firearms Bureau out of the seized and confiscated weapons at a fixed price. He also requested that case of exemption of department officials from taking licence under the Indian Arms Act be sent to the state government for concurrence. To support his statement,he had stated that as arms and ammo supplied to wildlife officials would be part of the authorised equipment and constitute government property,no licence should be required.

In 2001,the Wildlife Department also made a payment of Rs 1.13 lakh to PPA. However,the arms thus allotted could not be used in absence of clarity on the legal aspect. As a result,these were sent back to the academy,and are lying there. In September 2002,the Punjab Home Department again wrote to the Government of India,saying,“kindly convey your final decision in the matter urgently”.

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