Another issue with Delhi Police Licensing

[inplainsight]

Received the letter from the LA today. It states that they have received my wife's request for arms license and have decided to add her as a retainer to my license!

They have not mentioned anything about her right to appeal this.

Can this be appealed? They have technically neither accepted nor rejected her application.

[nagarifle]

yes it can, since no asked here if she wants to be retainer. her fundamental rights have been breached in this. As this is against the law and without her our your approval.

[goodboy_mentor]

Yes she can appeal since they have not applied their mind as per the provisions of Arms Act 1959. Indirectly rejecting her application arbitrarily and adding her as retainer. They have not been delegated such a wide authority under the Arms Act 1959.

[inplainsight]

Cool. So I'm going to draft and appeal and post it here. I've done the following in the interim

1. Sent RTIs to get copies of her files
2. Sent Letter to LA, stating the facts of her case and requesting them to approve her and not make her a retainer.
3. Sending a letter to the LA demanding a reason for rejection under section 14.

Anyone know what the exact procedure is to file the appeal at the LG's office?

[goodboy_mentor]

Probably Safarigent and some other members who have gone through this know the exact procedure in LG's office.

[inplainsight]

Probably Safarigent and some other members who have gone through this know the exact procedure in LG's office.

Safarigent / SS & I used the same lawyer.

[inplainsight]

Sent the following letter

I, XXXXXXXXXXXXXX, wife of XXXXXXXXXXXXXX, resident of XXXXXXXXXXXXXXX had, on 14/06/2013, applied for a Fresh Arms License.
On 25/06/2013, I was contacted by your office and asked to appear for a personal hearing on 27/06/2013. During this meeting, you had offered to make me a retainer on my Husband’s license, since my husband has multiple firearms. I had declined this offer, and even sent a letter, on 28/06/2013, to this effect (Annexure 1).

On 4/7/2013, I received communication (Annexure 2) from your office starting that my Application No. XXXXXX, dated 14/06/2013 was considered and I have been approved as a retainer on my husband’s License No. XXXXXXXXXXXXXXX.

This communication fails to inform me of the outcome of my application for a Fresh Arms License, as my application has neither been approved nor rejected.

I’d like to bring to your attention a judgment by The Hon’ble Justice Sudhir Agarwal in the case of Ajay Kumar Gupta Vs. State of U.P (Writ Petition No . 49301 of 2011, Annexure 3) which states that grant of a fire arm license “is not a kind of privilege being granted by Government to individual but only to the extent where grant of fire arm license to an individual would demonstratively prejudice or adversely affect the maintenance of law and order including peace and tranquility in the society, ordinarily such right shall not be denied.” This judgment further states that “a fire arm licence is granted for personal safety and security it does not mean that in the family consisting of several persons only one fire arm licence is to be granted. Moreover, this cannot be a reason for denial of arm licence. Fire arm licence can be denied only if the reason assigned by applicant or details given by him in application are not found to be correct but merely because there are one fire arm licence already possessed by one of the family member, the same cannot be denied.”

Another judgment by The Hon’ble Justice Sudhir Agarwal, in the case of Vinod Kumar Shukla Vs. State of U.P (Writ Petition No. 38645 of 2011, Annexure 4) states that “Grant of fire arm license should ordinarily be an action and denial should be an exception.”

I’d also like to bring to your attention a judgment by the Hon’ble Dilip Gupta, in the case of Mohit Kumar Vs. Commissioner, Allahabad Division (Writ Petition No. 28401 of 2011, Annexure 5) which states that the failure to establish or prove a specific threat to one’s life is “not a valid ground for refusing to grant firearm license”.

I therefore urge you to keep in view the statutory provisions of the Arms Act and either approve my application or reject it by providing a reason in writing, as per section 14.(3) of The Arms Act, 1959.

What do you guys think?

[goodboy_mentor]

Perfect and to the point.

[inplainsight]

Perfect and to the point.

Thanks GBM

[avi88]

Probably Safarigent and some other members who have gone through this know the exact procedure in LG's office.

Safarigent / SS & I used the same lawyer. That guy is not worth the money, he didn't even show up for my hearing with the LG or the LA!

I have used the same lawyer, a bit money hungry thing but job was done.

[avi88]

Finally your best mate is transferred from there, don't know what was his problem, the way he was making decisions seem that ever arms license holder is going to become threat for the nation with NPB firearms.