being harassed from the officials

[vlpathi]

Hello friends, nice to meet all of you,
I had submitted my gun licence for renwal on dec/31/2012. After three months the officials had send me the show cause notice for cancelling my licence showing an old case which was completed in court premises, the court gave the judgement, stating that am not guilty.
I had given reply to the show cause notice, submited the judgement copies of the court.
But till now (8 months) they havent renwal my liscence, had submited my weapon in the local police station during panchayat ellections,can any of you please help me in this iisue

[Amit357]

vipathi,you will have to be more specific regarding the Sections of Charges framed against you,has the other party filed an appeal against the Judgement,also try & petition the court which absolved you that the renewing authority is infringing on your Fundamental Right,the RTI route may work,try and take a lawyer with you & have him explain everything to the SDM/ DM/ DCP,,have you personally met the Licensing Authority or are you going with what the BABU has to say,lot of times the Authority doesnot even know about the case & the clerks & assistants are trying to extort something out of you.Best of Luck

[StampMaster]

File an RTI to your licensing authority. Question the reason for your license rejection, your questions have to be very specific. Search your state government website for the PIO's according to your district. And meanwhile, you can discuss this with the lawyer.

Note: keep a photocopy of full RTI application and pay enough fee (additional fee of Rs20-50, depending on the number of printed pages your requesting).

[vlpathi]

we had lodged an case against the authorities in high court,but my advocate had told me that,we cant go to court by showing the "show cause notice",we can only proceed,if and only if they took action on the reply which was given by us to consult authorities,,i know there was Which states that,the renwal of fire arms licence should be done with in 45 days of time frame,after the verification of police,which takes 60 days of time,but my fate i dont know the g.o number...

[goodboy_mentor]

the court gave the judgement, stating that am not guilty.

Regardless under what sections of law the case was filed against you, when the court says you are not guilty, the licensing authority cannot refuse to renew the license.

we cant go to court by showing the "show cause notice"

Agree, you can't go to court showing only the show cause notice.

we can only proceed,if and only if they took action on the reply which was given by us to consult authorities

Disagree. Arms license is not a privilege accorded by government. If the licensing authority is causing unreasonable delay in processing your application, you can approach High Court for directions to the licensing authority because arms are recognized as fundamental right under Articles 19 and 21 of the Constitution of India. Arms Act 1959 is just a regulatory law to regulate this fundamental right. Please read the following links to understand the matter deeply:

1. http://indiansforguns.com/viewtopic.php ... 30#p197742
2. http://indiansforguns.com/viewtopic.php?f=3&t=20914
3. http://indiansforguns.com/viewtopic.php ... 64#p147708
4. http://indiansforguns.com/viewtopic.php?f=4&t=15638
5. http://indiansforguns.com/viewtopic.php?f=4&t=15639

[dheeraj1982]

Hey Guys dose any body knows if Delhi high Court have ever passed any order in issuance of arms licence in any writ petitions/cases. I really need one.

[AgentDoubleS]

I'm no expert but I'm guessing its unlikely. The Appelate Authority in arms license cases is the LG's court and things usually get resolved there. On Indiakanoon.com you can view a few judgements related to high court judgements around revocation cases.

The Delhi Police Act of 1978 conferred the powers of the DM to the DP. Did that bring about this change of LG's cort becoming the AA? GBM?

[goodboy_mentor]

The Delhi Police Act of 1978 conferred the powers of the DM to the DP. Did that bring about this change of LG's cort becoming the AA? GBM?

The licensing authorities and appellate authorities are appointed under the provisions of Arms Act 1959. These appointments are not related or done under Delhi Police Act