HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.9013 of 2015
Date of Decision: March 16, 2016
Dilawar Singh ...Petitioner
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU
Present: - Mr. Navkiran Singh, Advocate
Mr. Navrattan Singh, Advocate
Mr. Harjeet Singh, Advocate
Mr. Surajpreet Singh, Advocate
for the petitioner.
Mr. R.K.S. Brar, Addl. A.G., Haryana
Portion from the judgement -
The sword is considered synonymous with God, the Primal generative principle, the supreme power to sustain moral order and to annihilate negative forces. In this way the Guru conveyed to the Khalsa, as an individual as well as a corporate body, that they, as wielders of the sword, should cast themselves in the mould of God, with all these attributes. Unlike a dagger, which is associated with secret attack, the sword is associated with open combat, governed by certain ethical principles. Thus, the sword of the Khalsa is the assertion of this right to freedom. To quote Kapur Singh:
(The Sword) is by ancient tradition and association, a typical weapon of offence and defence, and hence a fundamental right to wear, of the free man and woman, a sovereign individual. All governments and rulers, whether ancient or modern, have and do insist to wear arms. Indeed in final analysis, a government or the state is sustained and supported by the organised might and exclusive right of possession of arms, a citizen's right to wear arms being conceded as only of a permissive and licensed character. It follows from this that the measure of freedom to possess and wear arms by an individual is the precise measure of his freedom and sovereignty. Since a member of the Khalsa brotherhood is pledged not to accept any alien restrictions on his/her civic freedom, he/ she is enjoined upon to insist on and struggle for his or her unrestricted right to wear and possess arms of offence and defence.
Arms are foundational fundamental human right under Articles 19(1)(b), 21, 25 and many more articles of Constitution of India. This has been discussed in the following thread http://www.lawyersclubindia.com/forum/Objections-against-proposed-arms-rules-2015-121734.asp