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Appeal against the order of Licensing authority to LG

Posted: Wed Nov 13, 2013 8:23 pm
by dheeraj1982
Today was my hearing for my appeal against the order of LA.

It was turned down by the LG outrightly.

This is how it happened:
I reached the lg house around 2:45 pm. I was asked to sit in the waiting room. There were around 10-12 persons along with few advocates waiting there. After around 15-20 mins my name was called. I entered the office of LG. He was sitting infront with few other persons ( an advocate, few policemen, his staff people) i was asked to sit. The LG asked me why i needed the license. I gave the reasons which i had given in the appeal. I also submitted about the recent Delhi High Court judgements. He was not interested in hearing me. He said that grounds raised by me are not acceptable so he cannot allow my appeal. When i argued on the specific threat portion of LA's order. He said for that you have your right open to go to High Court. He was rather looking adament and not interested to hear me. Thats it. He dismissed my appeal. As per my info all the other arms appeals were also turned down today.

It was very dissappointing.

Re: Appeal against the order of Licensing authority to LG

Posted: Wed Nov 13, 2013 9:20 pm
by goodboy_mentor
This country is being ruled by _____________(you fill in the blank). Yes you will have to approach High Court or Supreme Court. Since there were 10-12 persons facing the same problem, what are they planning to do next? Did you note down their contact numbers in case....? Did you contact NAGRI and what does it say?

Re: Appeal against the order of Licensing authority to LG

Posted: Wed Nov 13, 2013 9:52 pm
by rahulbdelhi
Its shocking news indeed, painful as well. The people in power don't want to see the common man standup for his rights, he should keep on suffering...
Law abiding citizens are being denied the rights and means to protect themselves, while criminals are having a free run with illegally supplied weapons.

Is it possible for people to get together and file a case as a group in HC ?

Anyone from NAGRI out there?

Re: Appeal against the order of Licensing authority to LG

Posted: Wed Nov 13, 2013 9:56 pm
by dheeraj1982
No i couldn't note down there nos. as i was too upset after the dismisal of my appeal. I had not expected such an attitude by the LG. He was so.... no words... but it seemed he had already taken his decision and the personal hearing was just a mockery to fullfill the procedure.

No i have not contacted NAGRI.

Re: Appeal against the order of Licensing authority to LG

Posted: Wed Nov 13, 2013 10:02 pm
by dheeraj1982
Well rahul you are right today i saw what power means. Really a common man is just like football to be kicked. But i am not gona leave the fight so easy. I know i am a common man but i also know that in the game a goal is counted only when the football is in the goal post. So not only the kick but the football is also important for the game. I will fight.....

Re: Appeal against the order of Licensing authority to LG

Posted: Wed Nov 13, 2013 10:26 pm
by rahulbdelhi
best of luck bro.....

Re: Appeal against the order of Licensing authority to LG

Posted: Wed Nov 13, 2013 10:48 pm
by AgentDoubleS
Very disappointing. Il start looking for a lawyer to help file my appeal in the high court since my case is up for hearing too. No point taking numbers. There are enough ppl on this board who will be aggrieved by the LGs attitude. When I file my appeal in the high court il consult the lawyer to see if we can legally bring up the point of LG rejecting valid appeals in spite of clear precedence of high court judgements.

Re: Appeal against the order of Licensing authority to LG

Posted: Wed Nov 13, 2013 10:55 pm
by goodboy_mentor
The point in taking numbers is that when approaching court, others can join in and tell court that LG is not applying judicial mind with all the applicants. If they are willing to share the costs, it is even better.

I have been repeatably telling in this board to avoid hitting around the bush and strike at root cause of the problem i.e. arms are part and parcel of Article 19 of the Constitution and doctrine of 2nd Amendment is very much present. Do as your lawyer says but as per my humble opinion this matter is fit for Supreme Court Constitutional Bench and not High Court. Going to High Court will be again hitting around the bush. That Delhi High Court judgment is also nothing but hitting around the bush.

Those who have not contacted NAGRI may contact to work out some meaningful strategy, so that not only the present sufferers but also future arms license applicants don't suffer.

Re: Appeal against the order of Licensing authority to LG

Posted: Thu Nov 14, 2013 3:20 pm
by dheeraj1982
SS wrote:Very disappointing. Il start looking for a lawyer to help file my appeal in the high court since my case is up for hearing too. No point taking numbers. There are enough ppl on this board who will be aggrieved by the LGs attitude. When I file my appeal in the high court il consult the lawyer to see if we can legally bring up the point of LG rejecting valid appeals in spite of clear precedence of high court judgements.
SS i feel the hearing will just be for formality sake. But i would advise you to go with full preperation and do ask the LG to record your submissions. I know that he wont but you try press on the points of your appeal to just to make sure that he decides your appeal on merits given by you in your appeal. Because he being an appealet authority cannot add new views to the case. He has to only decide that whether the order of LA is valid or not. He is not the License granting authority.

Re: Appeal against the order of Licensing authority to LG

Posted: Thu Nov 14, 2013 3:27 pm
by farook
dheeraj1982 wrote:Today was my hearing for my appeal against the order of LA.

It was turned down by the LG outrightly.

This is how it happened:
I reached the lg house around 2:45 pm. I was asked to sit in the waiting room. There were around 10-12 persons along with few advocates waiting there. After around 15-20 mins my name was called. I entered the office of LG. He was sitting infront with few other persons ( an advocate, few policemen, his staff people) i was asked to sit. The LG asked me why i needed the license. I gave the reasons which i had given in the appeal. I also submitted about the recent Delhi High Court judgements. He was not interested in hearing me. He said that grounds raised by me are not acceptable so he cannot allow my appeal. When i argued on the specific threat portion of LA's order. He said for that you have your right open to go to High Court. He was rather looking adament and not interested to hear me. Thats it. He dismissed my appeal. As per my info all the other arms appeals were also turned down today.

It was very dissappointing.

HI Dheeraj Arms license is issued to civilian under three parameters. Sport shooter, crop protection and threat to life. What category have you applied under and what documents did you submit..

Re: Appeal against the order of Licensing authority to LG

Posted: Thu Nov 14, 2013 4:04 pm
by Vikram
Very sorry to hear,Dheeraj. I am, however, heartened to see that you intend to appeal it. All the best.

Re: Appeal against the order of Licensing authority to LG

Posted: Thu Nov 14, 2013 4:20 pm
by goodboy_mentor
HI Dheeraj Arms license is issued to civilian under three parameters. Sport shooter, crop protection and threat to life. What category have you applied under and what documents did you submit..
Threat to life is not a reason or a requirement under Arms Act 1959 to get arms license. Please read Arms Act 1959 carefully. It is self protection. Self protection is not equal to threat to life.

Re: Appeal against the order of Licensing authority to LG

Posted: Thu Nov 14, 2013 4:57 pm
by farook
This would be half as difficult 12 months back when the MHA issued a order to all LA to issue licenses only on specific threats. If we can recall there were a series of shootouts on domestic violence....

Re: Appeal against the order of Licensing authority to LG

Posted: Thu Nov 14, 2013 5:25 pm
by goodboy_mentor
That MHA order has zero legal value on Arms Act 1959. Legally that order is nothing but a piece of garbage. MHA is not a legislative body like Parliament. Arms Act 1959 is legislated by Parliament and not by MHA.

Re: Appeal against the order of Licensing authority to LG

Posted: Fri Nov 15, 2013 4:30 pm
by avi88
goodboy_mentor wrote:That MHA order has zero legal value on Arms Act 1959. Legally that order is nothing but a piece of garbage. MHA is not a legislative body like Parliament. Arms Act 1959 is legislated by Parliament and not by MHA.

Unless Supreme Court scrap this MHA order, until then LA's going to scrap applications by showing that piece paper.