Cancellation of arms licences in UP riot area

[pointblank]

UP govt today cancelled arms licences of riot hit area.
Quote"We are also cancelling arms licenses in Phugana, Shahpur, Dhaurakalan as they were misused during the violence", ADG, Law and Order, Arun Kumar told reporters in Muzaffarnagar. (IE Photo: Ravi Kanojia)
http://www.indianexpress.com/picture-ga ... 369-3.html

[Safarigent]

Most interesting!

[Georgian21]

will it be legal? I guess it can be challenged as if I am not allowed to protect myself during these riots of which I am a victim (without arms)....what else should I do with them: play snooker..

[goodboy_mentor]

It appears illegal. Since arms license holders are easy targets for confiscation(name, address etc. already with the State) it is easy to make them scapegoat. See how the baseless slander campaign of disinformation planted from New Delhi has begun:

Armed & dangerous: Gun culture helped fan violence

NEW DEHLI: One factor that led to the Muzaffarnagar riots going out of hand is the region's gun culture and weapons, mostly legal, owned by residents.

Preliminary investigations have found that during the riots shots were fired from licenced weapons which number over 15,000 in the riot-hit region. Sources in riot control operations said some of those who died were shot by .12 bore licenced rifles.

"Further investigations will be carried out to nail people behind this. Postmortem, ballistic and forensic examination will help trace the guns these bullets may have been fired from," a UP police officer said, adding that many injuries were also inflicted with sharp weapons.

High on economic prosperity and a patriarchal culture, Muzaffarnagar has long been a gun hub. In a population of about three million, Muzaffarnagar has over 15,500 people holding gun licences. Over 15 arms dealers flourish in the region.

"During riots all these guns come out blazing and when this starts happening in remote the villages it becomes difficult to control things," the officer said. However, as circumstances suggest UP was perhaps lax in anticipating the riots.

Sources in the security establishment said inputs about a possible communal flare-up in parts of UP were given to the state government but it did not take measures to nip the passions in the bud.

Source http://timesofindia.indiatimes.com/indi ... 449150.cms

[rover12]

Nelson's eye policy of the people in power...

[essdee1972]

High on economic prosperity and a patriarchal culture, Muzaffarnagar has long been a gun hub. In a population of about three million, Muzaffarnagar has over 15,500 people holding gun licences. Over 15 arms dealers flourish in the region.

"During riots all these guns come out blazing and when this starts happening in remote the villages it becomes difficult to control things," the officer said.

Formatting is mine.

Bold & red: words calculated to arouse the "liberal" (in the US sense) segment of the people. "Patriarchal", "15 arms dealers flourishing", "guns come out blazing". Nice "red flags"!! Written by someone who understands the "liberal" pulse. Just the word "patriarchal" is enough to get all the Nari Morchas on the streets!!

Italics: 15500 gun owners in 3 million. My excel sheet tells me this is 0.516667%. Less than one percent population is being blamed for the riots!!!! What about the political / religious leaders who go about whipping up passions???

[thakur]

Interesting move by UP Police. I would like to know what were they doing since 27-Aug-13 when the whole situation was brewing in the area?

Another interesting point is the legality of this order.

Since the SP government came to power some 8-10 areas in UP were identified as communally sensitive and state forces were deployed nearby as a precautionary measure. Still the situation gets out of hand so easily, why?

I believe this is a failure of the State Government, Intelligence agencies, Police and local Politicians.

If this instance of cancellation of licenses is going to be citied as a precedence, then future for all license holders in this country is bleak.

[goodboy_mentor]

Law abiding arms license holders are easy and soft targets to blame. Any and every object of offense seems to have been used by hoodlums taking advantage of their numerical strength.

Muzaffarnagar violence: Rioters used easily accessible objects in attacks

Muzaffarnagar: As the victims of communal violence narrate their harrowing tales at District Hospital here, nature of their injuries indicate that rioters mostly used household objects like sickles, heavy sticks and country-made pistols in the attack.

Dr VK Johari, Chief Medical Officer of District Hospital Muzaffarnagar, said the victims were hit by blunt objects, sticks and sharp tools like sickle. Local made pistols were also used.

Source http://zeenews.india.com/news/uttar-pra ... 75584.html

[airgun_novice]

1. Can someone from UP actually challenge the state govt. order ?

2. Can someone from UP file a PIL (methinks PIL against state machinery is not possible anymore; someone can correct me) against gross and deliberate misrepresentation of facts by the media ?

3. Can the use of licensed firearms in these circumstances not come under "self defense" ? I mean, can the licensed folks not use these firearms in case rioting mob comes to lynch them and their family. This scenario is different from catching a burglar red-handed and shooting him inside the house.

4. Can someone (a good enough lawyer) not file for "review" of Delhi HC order on firearm license not being a fundamental right or an appeal to repeal that portion in the SC ?

BTW, what happened to the Parliament MPs who were all in favor ? With Rajyavardhan Rathore all set to join in politics, can our shooting community expect a better future, I wonder ?

[sa_ali]

In past i recall there was order given by Allahabad high court on the same line where it said this is illegal for police to confiscate arms in riot hit area. It was filed by a person from Aligarh in UP only. I will dry to find that judgement

[inplainsight]

It's hard to comment on this without seeing the actual grounds for cancellation, but there are many cases that support the cancellation of license (even with immediate effect). I'm guessing most of these are cancelled under Section 17.3.b 'if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence;'

All it would take is a letter from the police requesting the LA to cancel the licenses so that they can better control the situation...

I don't agree with the decision, but I think that the LA 'can' do this under the Arms Act.

See these cases for some information
1. http://indiankanoon.org/doc/758257/
2. http://indiankanoon.org/doc/1021267/