arms surrender challanged in mumbai high court
Posted: Tue Apr 14, 2009 2:16 pm
14/4/09 times of india mumbai edition.
MUMBAI: As the elections near, the Maharashtra government has asked residents to deposit their licensed arms to the police. But three petitioners
have moved high court, challenging the state's stand, that too just a month before the poll.
The Bombay high court bench, headed by Justice Ranjana Desai, on Monday asked the state to furnish a detailed reply as well as records of criminal cases they are relying on. The state has been given time till Friday when the matter will be heard again with a strict warning from the judges that "no further time' ' will be granted.
The election commission, in 1996, issued guidelines clarifying that persons released on bail or those having a history of criminal offences or involved in rioting, especially during previous elections, may be asked to deposit their weapons.
Among the petitioners is a lawyer from Thane. Another petition has been filed by Govind Tilve from Sindhudurg who has held an arms licence since 1972 for a techniki bandook , which he uses to "protect his agricultural land'' .
On March 17, Tilve received a notice from the district magistrate , asking him to deposit the weapon by April 1. His counsel S R Chitnis argued that the state could not ask an authorised arms licence-holder to submit his weapon, especially as the district magistrate was not empowered to do so under the Arms Act. However, Usha Kejriwal, the public prosecutor, argued that the state's action was justified as the EC guidelines were being scrupulously followed.
Public prosecutor in one of the cases, Purnima Kantharia, said the petitioners could have brought their grievances before the review committee.
MUMBAI: As the elections near, the Maharashtra government has asked residents to deposit their licensed arms to the police. But three petitioners
have moved high court, challenging the state's stand, that too just a month before the poll.
The Bombay high court bench, headed by Justice Ranjana Desai, on Monday asked the state to furnish a detailed reply as well as records of criminal cases they are relying on. The state has been given time till Friday when the matter will be heard again with a strict warning from the judges that "no further time' ' will be granted.
The election commission, in 1996, issued guidelines clarifying that persons released on bail or those having a history of criminal offences or involved in rioting, especially during previous elections, may be asked to deposit their weapons.
Among the petitioners is a lawyer from Thane. Another petition has been filed by Govind Tilve from Sindhudurg who has held an arms licence since 1972 for a techniki bandook , which he uses to "protect his agricultural land'' .
On March 17, Tilve received a notice from the district magistrate , asking him to deposit the weapon by April 1. His counsel S R Chitnis argued that the state could not ask an authorised arms licence-holder to submit his weapon, especially as the district magistrate was not empowered to do so under the Arms Act. However, Usha Kejriwal, the public prosecutor, argued that the state's action was justified as the EC guidelines were being scrupulously followed.
Public prosecutor in one of the cases, Purnima Kantharia, said the petitioners could have brought their grievances before the review committee.
Is it not a contradiction in terms? This is exactly what ails our system and does not let the country as a whole prosper. 
