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

[velind]

Check out what was in today's newspaper in hyderabad -


http://timesofindia.indiatimes.com/city ... 005189.cms

HYDERABAD: Noting that the state should be responsible for protecting lives and properties of the citizens in tune with the amended Arms Act and allow good citizens to possess arms for self defence, the A P High Court on Tuesday quashed a memo issued by the state home secretary that rejected an application of a citizen for an arms licence.

Justice C V Nagarjuna Reddy, while allowing a petition filed by one Syed Afzal Mehdi, president of Rajendranagar area Wakf committee in Ranga Reddy district, directed the state home secretary to reconsider the petitioner’s application for an arms licence within two months.

Afzal had applied for an arms licence stating that he wanted to protect his life and the wakf properties under him, which were worth Rs 17,000 crore.

Police authorities verified his claims and rejected his application on the ground that there was no necessity for him to possess a weapon for self protection. Aggrieved by the order, Afzal approached the court.

Justice Reddy reminded the state that independent India had felt it necessary as far back as 1959 to repeal the repressive Indian Arms Act, 1878 which prohibited people from possessing simple weapons like bow and arrows, swords, daggers, etc., even for self defence. There is no point in keeping the people unarmed when anti-nationals possess dangerous ammunition, the judge said.

If the police are satisfied that the antecedents of the applicant are good then they should not hesitate to issue the licence, he said.

The judge did not accept the reason cited by the police in the present case that the applicant was a resident of a communally sensitive area. Since the police found the applicant to be good, they should consider his application afresh, the judge said.

[Sakobav]

Great verdict by Hon Judge ..there is light and some hope in Judicial branch and Kudos for the petitioner Mr Mehdi to take the matter to the court..great point - "
Justice Reddy reminded the state that independent India had felt it necessary as far back as 1959 to repeal the repressive Indian Arms Act, "

Thanks for posting this clip

Cheers

[HydNawab]

Just love this bit!

Justice Reddy reminded the state that independent India had felt it necessary as far back as 1959 to repeal the repressive Indian Arms Act, 1878 which prohibited people from possessing simple weapons like bow and arrows, swords, daggers, etc., even for self defence. There is no point in keeping the people unarmed when anti-nationals possess dangerous ammunition, the judge said.

[nagarifle]

at last Judge with understanding of the Arms Act. well done the Judge and the gent who went before him.

[amit888_2000]

3 cheers to A P High Court....& the Judge (Justice C V Nagarjuna Reddy),

A copy, of this judgement, will help NAGRI too...

))cheers!!!

[cottage cheese]

Hope there's more of it.

[kanwar76]

Wow!! We still got some people with common sense in INDIA.

Kudos to Justice Reddy for this judgement and to Mr. Mehdi for going till last point to acquire something which is rightfully his.

Gives inspiration to people like me. Thanks Velind for sharing this news.

-Inder

[OverUnderPump]

[hvj1]

[m24]

Thanks velind for this post.

Now, wouldn't the state department take it to the Supreme Court??

Regards

[Vikram]

Velind, thank you for posting this.

A judge who understands and upholds the law and we need more of them.


Best-
Vikram

[cottage cheese]

Hope they pull up the MHA some time.

[m24]

Hope they pull up the MHA some time.

In our lifetime hopefully....

Regards

[eternalme]

the reason cited by the police in the present case that the applicant was a resident of a communally sensitive area

This was till date the most stupid reason I have came across for not granting someone an arms license.
WT# is someone lives in communally sensitive area it means what ? Does it mean there is no danger to life of this person or does it mean that this person will go out and shoot all his neighbours who don't believe in his belief ?

All cops involved in such things should take an IQ test for god's sake.

[Anand]

Some light in this time of darkness . More than one Hon'ble Court has sided with the aggrieved citizen who has been denied an Arms License on frivolous grounds. Citing either an increase in crime or terrorist activity or some such ridiculous excuse the Licensing Authorities have been deliberately withholding licenses to even legitimate applicants with no criminal background .

However, they have been issuing (in minute quantities) to those either politically connected or who have gone to Court when rejected. This only means one thing to me, they want it to appear that they are unwilling to issue licenses to anyone(except in extraordinary cases), thereby making clear that they are not responsible for the license issued, unless some superior "recommends" or "orders" it. Then the onus of the license if ever and when misused, will not be on them.

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