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SUO MOTU PETITION COURT NO.2 SECTION PIL

S U P R E M E C O U R T O F I N D I ARECORD OF PROCEEDINGS

SUO MOTU PETITION No......../2012

Re:

RECENT FIRING INCIDENT, WIDELY REPORTED IN THE PRESS, RESULTINGIN the DEATH OF TWO PERSONS, ALLEGEDLY ON ACCOUNT OF USE OFFIREARMS BY SOME PRIVATE SECURITY PERSONNEL

Date: 21/11/2012 This Petition was taken up today.

CORAM :HON'BLE MR. JUSTICE D.K. JAINHON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR

Present: Mr. Siddharth Luthra, ASGMr. H.P. Raval, ASGMs. Rashmi Malhotra, Adv.

Mr. T.A. Khan, Adv.

The Court made the followingO R D E R

A recent firing incident, widely reported in

the Press, resulting in the death of two persons,

allegedly on account of use of firearms by some

private security personnel is a matter of grave

concern. It raises serious issues regarding the

role of security agencies, especially the private

ones. Some of the questions, that are of great

public importance and need to be urgently

addressed, are:

1.What is the legal regulatory framework underwhich the private security agencies operate?

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2.What are the parameters/norms that areconsidered for issue of firearm/weapon

licences to private security personnel?

3.What are the guidelines, if any, governingthe use of such firearms/weapons, by private

security personnel; if not, whether it is

necessary to frame definite parameters on

the subject?

4.What are the rights and duties of privatesecurity agencies under the law,

particularly, vis-a-vis the criminal law of

the land?

Under these circumstances, we take suo motu

cognizance of the said reports, relating, inter

alia, to the licensing and working of private

security agencies.

Accordingly, for the present, we issue notice

to the Ministry of Home Affairs, Union of India

with a direction to file an affidavit explaining

its stand on the aforenoted broad questions. The

requisite affidavit shall be filed by a Senior

Officer within two weeks from today.

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To ensure compliance, a copy of this order

shall be sent to the office of Mr. Siddharth

Luthra, learned Additional Solicitor General,

forthwith for onward transmission to the

Secretary (Home). We would also request the

learned ASG, who is present in Court, to assist

us in this case.

List the case on 6th

December, 2012, after

obtaining appropriate orders of Hon'ble the Chief

Justice of India, regarding registration of this

suo motu action.

(VINOD LAKHINA)COURT MASTER

(KUSUM GULATI)COURT MASTER