Coorg arms licence exemption questioned, SC seeks Centre's response

New Delhi, March 29 The Supreme Court on Tuesday sought the Central government and others' response on a plea challenging a notification, which permitted exemption to Jumma tenure holders and Kodava community from obtaining a licence to carry and possess firearms, under the Arms Act.

A plea had been filed by Capt Chetan Y.K. challenged the Karnataka High Court judgment upholding the validity of the exemption notification issued by the Ministry of Home Affairs on October 29, 2019. The notification read: "The arms or ammunition carried or possessed by any person being Coorg by race and every Jumma tenure holder in Coorg and herein exempted whilst residing or travelling outside the district of Coorg shall not exceed one rifle with 100 rounds of ammunition for the same and one smooth bore breech or muzzle loading gun with 500 cartridges or the equivalent in leaden shot and gunpowder."

A bench, headed by Chief Justice N.V. Ramana issued notice after hearing arguments.

The plea argued that the notification created discrimination based on caste and race and ancestral land tenure, which violated Articles 14, 15 and 21 of the Constitution. The plea contended that the locals, who have the same culture, but neither belonged to the Coorg community nor did they possess now defunct Jumma tenure holding of land, have not been granted any exemption.

It contended that the notification was issued under Section 41 of the Arms Act and any exemption under this Act can only be granted in public interest, while emphasising that the notification also violated Section 41.

The high court observed that Kodava community and Jumma tenure holders are enjoying the benefit of exemption since the pre-independence period, and they have rightly been granted exemption for a period of ten years, and not for an indefinite term.

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