Indians For Guns

Dear Legal Eagles,
Can we go to court against the "illegal order by MHA on 31.3.2010"? We all know this order has been passed by MHA without taking approval from parliament and therefore is a black chapter in the history of this so called democratic country. Is it possible to take a stay on this order?

It should be possible to get a stay order. Afterall it is in contravention of the law of the land.

ruger_rugged wrote:Dear Legal Eagles,
Can we go to court against the "illegal order by MHA on 31.3.2010"? We all know this order has been passed by MHA without taking approval from parliament and therefore is a black chapter in the history of this so called democratic country. Is it possible to take a stay on this order?

Yes we can definitely go to court to get this order stayed and then expunged. Not only expunge this order but also expunge other sections of Arms Act that give arbitrary powers to these babus to violate Fundamental rights, with help of these kind of notifications. Arms Act is a classic example of law suffering from vice of over delegation. Before going to court, probably NAGRI is waiting to see what comes out of the present Arms Act Amendment Bill 2010 that has been presented in Lok Sabha.

That's right. Before moving court we should wait the outcome of Bill tabled in Lok Sabha.

Any suggestions for the persons who are suffering from the circular of MHA dated 31.03.2010. Babus are working with their whims and fancies.

PSM

psm wrote:
Any suggestions for the persons who are suffering from the circular of MHA dated 31.03.2010. Babus are working with their whims and fancies.

PSM

I possess an arms licence for a 12 bore gun for over 5 years now valid throughout India. About 8 months ago I applied for a additional pistol licence which after 4 months of processing was refused by Police Commissioner. I was called in for an interview with the Commissioner of Police and after a brief discussion, he offered me to give a pistol licence with a condition that I surrender my shotgun. That means me he was keeping me to just 1 weapon. I argued that I have a need for both and that the shotgun is equally important. He said that he doesn't issue additional weapons and therefore refused my application.The refusal letter was READY MADE LETTER which had the reason READY MADE ON IT ready to go type after filling my name and file number. The reason of refusal was "The reason cited for obtaining licence was not valid".The letter further said that if the decision was unacceptable to me then I have the option to appeal before State Govt within 30 days. I appealed before Home Dept Maharashtra State. Its been more than 3 months and I haven't heard anything from home dept. Guys in that arms appeal appeal division of home dept told me that appeals have been pending since 2005 since these have not been alloted hearing dates.

I don't have any other choice but to go to court and I am equally sure it will not take less than 2 years for the court to pass a judgement. I need a firearm today to protect myself TODAY. Who knows I may survive for another 2 years till court passes a judgement in my favour?

In addition to the work in Parliament, we need to work and put a full stop on cases as above by getting some judicial order immediately.


Any one from Maharashtra who has approached Court on such issue?

@ruger_rugged,
did u file a rti for reasons of delay for your appeal? dont you think its worth a try, just to know the status of your appeal petition? i dont know weather we can file rti for such issues,,but i am just thinking out loud..

Yes he can definitely do RTI. I have put up sample RTI questions at http://indiansforguns.com/viewtopic.php?f=4&t=10826

I am quite sure RTI will not do any good in my case because the system and babus have crossed all limits. I checked on website that the babu in mantralaya I talked to and who gave me this great information that arm licence appeal cases since 2005 are pending is the "Information officer". He will give some vague reply to the RTI. But yes going to court with RTI reply in hand may be beneficial. Meanwhile I am looking for someone who has a similar case so we can file a joint petition in court coz it will weigh more.

You can certainly go to High Court and solve the problem, but before that please read the following to understand, so that you are fully prepared with all the strong points to support your case before going to High Court:

1) http://indiansforguns.com/viewtopic.php ... 15#p117785

2) http://indiansforguns.com/viewtopic.php ... 35#p118935