News article: "Reconsider arms plea of wakf unit chief: HC"

[mundaire]

Attaching a full copy of the judgement for everyone's benefit.

Cheers!
Abhijeet

[kb100]

Brilliant News!

That spells out every single point that we have been extolling all along. There is a mention of a licence for .22 Air Rifle as well there ...

13 (3) The licensing authority shall grant:-

(a) a licence under Section 3 where the licence is required –

ii) in respect of a point 22 bore rifle or an air rifle to be used for target practice by a member of a rifle club or rifle association licensed or
recognized by the Central Government;

How is the above to be interpreted?

[mundaire]

It is a reference to a "shall issue" clause from the Arms Act. While I am not a lawyer, to the best of my understanding a "shall issue" clause means that the Licensing Authority is obligated to issue said license, unless he/ she can justify otherwise. As per the quoted section, this covers:

13 (3) a. (i) - Smooth bore guns for self defence or sport OR a muzzle loader for crop protection
13 (3) a. (ii) - .22 rifle for target practice by a member of a rifle club/ association

Cheers!
Abhijeet

[Sakobav]

First the US supreme court verdict supporting RKBA out rightly and now this one from India great news

Thanks for posting ...

Cheers

[raimanmeet]

I felt really happy to go through the judgment and find that the Indian Judiciary is looking at the things from a broader view and interpreting the Arms Act for the reasons it was enacted. The US Supreme Courts recent opinions about second amendment and its interpretation have greatly influenced the way we look and read Article 21 of the Constitution of India especially in the light of RKBA.

@ Mundaire: You are right in pointing out the two circumstances where the shall issue clause shall apply.

My only concern is that this issue should go up to the Supreme Court and like other rights that have been read into Article 21 i.e. Right to life such as right to clean environment, right to procreation, right to education etc. it should also be settled that there is right to self defense that enables every law abiding citizen to keep and bear arms.

I strongly support that a liberal policy of licensing regulated by mandatory training and prohibition or movement of arms in sensitive areas should be the approach we should follow.

[amit888_2000]

haha...3 cheers....to the judge "C.V.NAGARJUNA REDDY, J", and the Petitioner "Syed Afzal Mehdi"



Dear Abhijeet (Mundaire), Now, i feel, our case, which is due to file (NAGRI), shall go to the same court & the judge.......

I personally feel, as before detailing the judgement, the learned judge, has already taken into account....all possible judgements, and why our old arms act was replaced.....and also that the authority is obligated to issue the license......

again 3 cheers....

[snIPer]

Finally someone with the Brains and the Balls to do what is right.
Hopefully the center will realize this too.
/S/

[ven99]

i have taken a copy of it and my licence is also pending for last 2 years ...... running around a lot and notthing ....yes

[xl_target]

All this goes against the basic concept of individual Right to Life ( & thereby as an extension into self protection to Indian citizens & residents) enshrined in the Indian Constitution. If anyone at the Home Ministry can change the Rules or "Policy" citing words like the "greater good" or "In the Public Interest" then what is the sanctity of having the law in the first place? The law must be equal, it must be enforced equally,in spirit as well as in reality, it must not be discretionary and made so cumbersome that an average citizen will find it either extremely difficult or impossible to get an Arms license.
Anand

It seems that what we have here is bureaucrats making law.
Only the legislative branch can do that, not the executive branch.

[goodboy_mentor]

“Laws are made for men of ordinary understanding and should, therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties which may make anything mean everything or nothing at pleasure.” —Thomas Jefferson

Our Arms Act 1959 perfectly fits the above quote and gives complete power to the executive to make anything mean everything or nothing at will.
Protect the executive as they always do everything(mischief) in "good faith" by the following:

CHAPTER VI - MISCELLANEOUS
40. Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

Give unlimited power to the executive to play any mischief by giving practically unlimited powers by the following:

41. Power to exempt

Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions, if any, as it may specify in the notification,---

(a) exempt any person or class of persons, or exclude any description of arms or ammunition, or withdraw any part of India, from the operation of all or any of the provisions of this Act; and

(b) as often as may be, cancel any such notification and again subjects, by a like notification, the person or class of persons or the description of arms and ammunition or the part of India to the operation of such provisions.