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Suo Motu_Ponty Chadha

Suo Motu_Ponty Chadha

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Published by: barandbench on Nov 21, 2012
Copyright:Attribution Non-commercial


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SUO MOTU PETITION COURT NO.2 SECTION PILS U P R E M E C O U R T O F I N D I RECORD OF PROCEEDINGSSUO MOTU PETITION No......../2012Re:RECENT FIRING INCIDENT, WIDELY REPORTED IN THE PRESS, RESULTINGIN the DEATH OF TWO PERSONS, ALLEGEDLY ON ACCOUNT OF USE OFFIREARMS BY SOME PRIVATE SECURITY PERSONNELDate: 21/11/2012 This Petition was taken up today.CORAM :HON'BLE MR. JUSTICE D.K. JAIN HON'BLE MR. JUSTICE JAGDISH SINGH KHEHARPresent: Mr. Siddharth Luthra, ASG Mr. H.P. Raval, ASG Ms. Rashmi Malhotra, Adv. Mr. T.A. Khan, Adv.The Court made the followingO R D E R A recent firing incident, widely reported inthe Press, resulting in the death of two persons,allegedly on account of use of firearms by someprivate security personnel is a matter of graveconcern. It raises serious issues regarding therole of security agencies, especially the privateones. Some of the questions, that are of greatpublic importance and need to be urgentlyaddressed, are:1.
 What is the legal regulatory framework under which the private security agencies operate?...2/-
 What are the parameters/norms that areconsidered for issue of firearm/weaponlicences to private security personnel?3.
 What are the guidelines, if any, governingthe use of such firearms/weapons, by privatesecurity personnel; if not, whether it isnecessary to frame definite parameters onthe subject?4.
 What are the rights and duties of privatesecurity agencies under the law,particularly, vis-a-vis the criminal law ofthe land?Under these circumstances, we take
suo motu
 cognizance of the said reports, relating,
inter alia
, to the licensing and working of privatesecurity agencies. Accordingly, for the present, we issue noticeto the Ministry of Home Affairs, Union of India with a direction to file an affidavit explainingits stand on the aforenoted broad questions. Therequisite affidavit shall be filed by a SeniorOfficer within two weeks from today....3/-

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