ANOTHER MILESTONE JUDGMENT BY JUSTICE V.K.JAIN

[rahulbdelhi]

Re-posting this message from Dheeraj as a new post for everyone's benefit :


ANOTHER MILESTONE JUDGMENT BY JUSTICE V.K.JAIN
http://lobis.nic.in/dhc/VKJ/judgement/2 ... 592013.pdf

click the link to check the jugement.

It has been again held by the court... this time more elaboratively that arms license can only be rejected
under provisions of sec sec14 of arms and not otherwise.

[inplainsight]

Rahul,

Can you post the link again? it seems to be clipped.

Also, when is your hearing? Do let us know what happens.

Good luck,

[Kittu]

Rahul
link is not working

[Vikram]

Perhaps he was referring to this judgement?

http://lobis.nic.in/dhc/VKJ/judgement/2 ... 592013.pdf

[dheeraj1982]

yes vikram this the judgement.
Here a doctor made an application for arms license on the ground that he has to see his patients late at night. thus he requires it for his safety. His application was rejected for the reason of no specific threat by both the LA and the LG. The high court again struck down this ground and said that no specific threat is unjustified ground for rejection. The court held that threat can evolve anywhere anytime. The state is duty bound to protect the citizens but has failed to do so on several occassions.

[dheeraj1982]

thanks rahul for the goodwork.

[lawyerme]

This is indeed a welcome development. The Hon'ble Delhi High Courts' judgement carries persuasive value in other states too. More test cases should come up so that this judgement can be cited with favour in other High Courts

[Virendra S Rathore]

Compare that ... to this => http://indiansforguns.com/viewtopic.php ... 45#p205262 (HC bans issuance of fresh arms licences in UP)

[dheeraj1982]

hi virendra,

There is no relation with the UP judgement coz it relates to overissued arms and the court has said that many license holders have three arms on their licenses. Also the no. of arms in UP with the civillians is more than that with the police there. That's not the case in delhi. So that judgment carries a different view and ratio.

So it cannot be compared here.

Also the jugment of Justice VK jain quoted here clarifies that the need of an individual is to be considered in the light of Arms act and not on the whims and thoughts of the LA. Threat cannot be decided in the rooms of the LA. If there is nothing conflicting to arms act norms the LA has to grant License.