Law:

Section:

(a) Constitution of Pakistan, Art. 11-Firearms constitute property. Property is that in respect of which a right of proprietorship or ownership may be asserted, and in that sense clearly a revolver or pistol constitutes property. (b) Arms Act (XI of 1878), Ss. 14 & 17-Control of firearms -Wholesome measure and in public interest-To be secured by system of licensing. The control of firearms is a wholesome measure and is in the public interest, and this can be done only by a system of licensing, for it would be unwise to provide arms to criminals or to persons with shady antecedents. (c) Arms Act (XI of 1878), S. 17 & Arms Rules 1924, r. 43­Central Government's powers under S. 17, stated-R. 43 totally void. If in the determination of the 'terries and conditions the Central Government lays down the policy which shall regulate the grant of licences, then section 17 abdicates legislative power to the Government. If, however, these terms and conditions are ejusdem generis with the matters indicated in clauses (a) to (f)(fixing the period for which a licence will continue in force ; fixing fees in respect of licences, etc.), then there is no power in the Central Government to make any rule which can forbid the grant of a licence, and by providing in rule 43 an absolute discretion to the licensing authority to refuse the grant of a licence, it has com­pletely gone beyond the scope of section 17. The words "terms and conditions" are wide enough to include a condition such as "a person shall not be granted a licence unless he is of good character and is not suspected of being associated with unlawful activities". In the making of the Arms Act, the Legislative body of the time delegated its function of declaring its policy to the executive Government. Delegation, in order to be legitimate, must be concerned only with the carrying out of the legislative intention or with the supplying of details which in the modern welfare state is the business of experts. But where the legislative intent is totally absent, there is no question of executing it; and as for expert knowledge, a District Magistrate possesses it in no larger measure than the Legislature for the purpose…

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