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A Supreme Court bench headed by Chief Justice of India Justice NV Ramana and comprising of Justices Krishna Murari and Hima Kohli today issued notice in plea challenging the exemption granted to persons who are from Coorg by race and Jumma tenure holders in Coorg from obtaining license for carrying arms under Arms Act till 2029.
The notification of the government of India, which was issued in 2019 was held to be valid by Karnataka High Court in September 2021, this plea is a challenge to the order of Karnataka High Court. The plea before Supreme Court was filed by an ex army personnel.
It was argued before Karnataka High Court that the exemption granted creates discrimination on the basis of caste and ancestral land held by a certain class of persons. The Bengaluru Kodava Samaj on the other hand, had argued that the weapon is a part of their religious and cultural identity and that there were no antecedents to suggest that community had misused the weapons.
A Division Bench of Karnataka High Court had held that the exemption granted satisfies the reasonable classification under Constitution and it cannot be quashed. The court had further held that the documents on record establish that the Kodavas (Coorgis) are considered a martial race and have been enjoying an exemption from the time of independence and that they have rightfully been granted an an exemption for 10 years and not indefinitely.
When the matter was called for hearing today, the Supreme Court expressed its inclination to examine the issue and thereby issued notice.
Case title : Captain Chetan Vs Union of India
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