New Delhi: The Centre on Monday told the Supreme Court that there is absolutely no regulation to govern or restrict use of arms by the private security agencies and the fear of it leading to creation of a "private army" cannot be ruled out.
"The security agencies are given licence for the arms...It could lead to (creation of) private army," Additional Solicitor General Siddharta Luthra told a bench comprising justices P Sathasivam and MY Eqbal.
The ASG said there was no regulation on private security guards for arming them under the Arms Act and the moment they are employed, they take the character of commerical purpose.
"There is absolutely no regulation governing or restricting the use of arms by the private security guards," he told the bench which appreciated the comprehensive affidavit filed by the Centre in response to a suo motu notice issued to it after the shoot-out incident in which liquor baron Ponty Chadha and his brother Hardeep were killed here last November.
"We are glad that the Home Ministry or the department which is concerned has filed an affidavit giving detailed information," the bench said.
The bench also appointed senior advocate Ranjit Kumar to assist the court saying, "its a serious matter".
The Home Ministry had, in its affidavit filed through ASG Luthra, said "there is no special dispensation for private security guards under the Act and the rules. Private security guards do not have any special dispensation in so far as acquisition or holding weapons is concerned."
The affidavit had also said that "no seperate guidelines have been issued under PSARA (Private Security Agencies (Regulation) Act ) or the Arms Act and the rules governing use of fire arms by PSGs (private security guards) and PSAs (private security agencies)."