Legal help in Jharkhand High Court

[vikash.5465]

Hello Everyone,

I have been trying to find any good lawyer in Jharkhand High Court for the disposal of my arms license pending at DC under family heirloom. Could you please help? If anyone has any court judgement specifically regarding family heirloom or knows any good lawyer with good knowledge and understanding of Arms Act in Ranchi. Thanks.

[Shivaji.Dasgupta]

There are few renowned lawyer and firms like Poddar and associates, A Anand, Sinha and Sinha but not sure that they have any specialization on Arms act. you can get there no from directory or net.
Regards

[vikash.5465]

Goodboy mentor, plz help with the court ruling

[goodboy_mentor]

Goodboy mentor, plz help with the court ruling

RKBA/ right of personal security and right to property is a natural human right. You may request your lawyer to read the following links, he will understand what needs to be done -

1. viewtopic.php?f=4&t=25256&p=249475#p249475

2. viewtopic.php?f=4&t=25102

And the following -

Nine judge Constitutional Bench of the Supreme Court of India, civil original jurisdiction, Writ Petition (civil) No 494 Of 2012, Justice K S Puttaswamy (retd.), and Anr. ..petitioners Vs. Union Of India And Ors. ..respondents, has agreed to the following -

91. In Additional District Magistrate, Jabalpur v. S.S. Shukla, (1976) 2 SCC 521, a Constitution Bench of this Court arrived at the conclusion (by majority) that Article 21 is the sole repository of all rights to life and personal liberty, and, when suspended, takes away those rights altogether.

A remarkable dissent was that of Khanna,J. 12

The learned Judge held:

[.............]Many modern Constitutions incorporate certain fundamental rights, including the one relating to personal freedom. According to Blackstone, the absolute rights of Englishmen were the rights of personal security, personal liberty and private property. The American Declaration of Independence (1776) states that all men are created equal, and among their inalienable rights are life, liberty, and the pursuit of happiness. The Second Amendment to the US Constitution refers inter alia to security of person,[..............]

92. According to us this is a correct enunciation of the law for the following reasons:

(i) It is clear that the international covenants and declarations to which India was a party, namely, the 1948 Declaration and the 1966 Covenant both spoke of the right to life and liberty as being “inalienable”. Given the fact that this has to be read as being part of Article 21 by virtue of the judgments referred to supra, it is clear that Article 21 would, therefore, not be the sole repository of these human rights but only reflect the fact that they were “inalienable”; that they inhere in every human being by virtue of the person being a human being;

(ii) Secondly, developments after this judgment have also made it clear that the majority judgments are no longer good law and that Khanna, J.’s dissent is the correct version of the law. Section 2(1)(d) of the Protection of Human Rights Act, 1993 recognises that the right to life, liberty, equality and dignity referable to international covenants and enforceable by Courts in India are “human rights”. And international covenants expressly state that these rights are ‘inalienable’ as they inhere in persons because they are human beings. In I.R. Coelho (supra), this Court noticed in paragraph 29 that, “The decision in ADM Jabalpur, (1976) 2 SCC 521, about the restrictive reading of the right to life and liberty stood impliedly overruled by various subsequent decisions.”, and expressly held that these rights are natural rights that inhere in human beings thus:-[................]

In the above judgment, the nine judge Constitutional Bench of Supreme Court has clearly laid down the law that the right to personal security and private property is an inalienable human right. The gun provides personal security and is also a private property. And the Article 141 of the Constitution clearly says the following -

The law declared by the Supreme Court shall be binding on all courts within the territory of India.

Whenever High Court delivers the judgment, please do post the judgment in this thread.

[vikash.5465]

My case is much more complicated, not sure if would be able accomplish final goal. Anyways Thanks everyone.