PLEA BEFORE SC CHALLENGING THE EXEMPTION GIVEN TO KONDAVAS TO POSSESS FIREARMS WITHOUT A LICENSE

The Top Court issued a notice to the Karnataka government in a plea challenging the exemption of kondvas from obtaining a license before possession of firearms under the Arms Act.

The Bench headed by CJI NV Ramana was hearing a plea filed by a retired Army Officer, challenging a 2021 verdict of the Karnataka HC, which upheld the exemption.

The Karnataka HC bench held that the Kondava community is martial and has been enjoying this benefit since pre-independence. They have been granted an exemption for a period of 10 years, not indefinitely. The exemption granted is subject to certain terms and conditions. Therefore, the notification is upheld.

The appeal stated that the 2019 notification discriminates based on caste and ancestral land tenure and is violative of Articles 14,15 and 21. The plea further said that as per section 41 of the Arms Act, such exemption can be only granted in the public interest. In the above-mentioned notification, there is no such reasoning.

The SC bench sought a response from the State in the plea.