Cops to be given 60 days to verify gun licence request

[paddy]

Source: Times of India NEW DELHI:

http://timesofindia.indiatimes.com/Indi ... 169632.cms

Concerned over increasing cases of firearms licences going to unscrupulous elements and the danger it poses to peace, the Centre is likely to ask the police to verify requests for gun licences within 60 days as against the presently flexible time limit.

The Union Cabinet may on Thursday take up a proposal to amend the Arms Act to remove the ambiguity which arises from a vague time period during which the police verification report is to be given.

The issue pertains to Section 13 of the Arms Act which lays down procedure on how requests for arms licences are to be cleared.

It says the licensing authority will seek report on the antecedents of the person seeking licence from the officer in charge of the nearest police station in a "prescribed time limit".

It is supplemented by a proviso — Section 13 (2A) — which says if a report is not received within the "prescribed timeframe", the licensing authority can take a decision without waiting for the report.

It is felt that persons ineligible for arms licence on account of their criminal antecedents, or apprehensive of being turned down, use the ambiguity over time frame to "manage" the system to their advantage. Delay or inaction from police in submitting the verification report is used to extract licence as there is nothing on record to negate the request. It has long been believed that the delays are "managed".

Now, the home ministry has proposed that police be asked to submit its report to the licensing authority within two months and the timeframe be inserted in Section 13 (2) of the Arms Act.

Also, it has proposed that proviso 13 (2A) be deleted, thereby making it clear that there can be no decision on an arms licence in the absence of a police report.

[Biren]

Dear All,

Now this what is a one sided report, please write to the newspaper. I am yet to come across a single case where no police verification has been held, prior or after the notification.

Cheers,
Biren

[goodboy_mentor]

More detailed report is present at http://news.rediff.com/slide-show/2010/ ... contentTop The Cabinet has approved the introduction of the Arms (Amendment) Bill, 2010 in Parliament," Information and Broadcasting Minister Ambika Soni has told reporters in New Delhi.

Delay or inaction from police in submitting the verification report is used to extract licence as there is nothing on record to negate the request. It has long been believed that the delays are "managed".

All this is nothing but to suppress truth and to feed misconceptions to public. In reality the truth is that delays are done due to various reasons, major reason being to cause harassment to people who do not pay bribes or do not suit their whims and fancies. Otherwise why there is a problem to issue a license when "there is nothing on record to negate the request." After all self defense is a part of fundamental right guaranteed by Article 21 of our Constitution. The fact is that people have been harassed and they have protested. Now they want to cover up the truth with dubious reasons and give a bigger handle to extort bribes. Remember passport verification. See the examples of protest by people below:
a) Two years passed since opted for the scheme of "vasectomy for gun license", no license issued. They have written to Union Home Minister and Nation Association for Gun Rights India(http://gunowners.in/):
http://www.telegraphindia.com/1100223/j ... 140269.jsp
b) http://indiansforguns.com/viewtopic.php ... 12&start=0
c) http://indiansforguns.com/viewtopic.php ... 23&start=0
d) Police report clear but license issue pending for no reason: http://indiansforguns.com/viewtopic.php ... 01&start=0

[brihacharan]

Police verification report is a must
Last updated on: July 15, 2010 16:14 IST

> Tightening up the process for grant of arms licence, the central government on Thursday decided to make mandatory a police verification report on the applicant before the document is issued to him.

> The Union Cabinet, at a meeting chaired by Prime Minister Manmohan Singh, decided to amend relevant sections of the Arms Act of 1959 that empower the licensing authority to grant an arms license in absence of the police verification report. "The Cabinet also approved the introduction of the Arms (Amendment) Bill, 2010 in Parliament," Information and Broadcasting Minister Ambika Soni told reporters in New Delhi.

> The proposed amendments will obviate chances of issuing arms licences to persons whose antecedents are not bonafide, and ensure receipt of police verification report within a period of 60 days, she said. Once the amendments are approved by Parliament, the licensing authority will be obliged to take into consideration the report of the police authorities before grant of an arms licence in each case, Soni said.

> The Arms (Amendment) Bill 2010 would be introduced in Parliament specifying a period of 60 days for the purpose of police report and deletion of the discretionary powers of the licensing authority. In the current law, the quantum of prescribed time has not been specifically defined which could lead to licensing authority invoking discretionary powers to grant an arms licence to a person whose antecedents may not be clear

> Considering the importance of the police verification report in the grant of arms licences to any person, it has been decided to delete the proviso to Section 13(2A) of the Arms Act 1959 and prescribe a period of 60 days for the police authorities to send their report," Soni said.

> When the matter came up for discussion at the Cabinet meeting, Minister for New and Renewable Energy Farooq Abdullah cited the prevalence of unlicensed arms in Jammu and Kashmir. Railways Minister Mamata Banerjee pointed out how arms were being brought into the country by infiltrators.
Cheers
Brihacharan

[goodboy_mentor]

When it is going to be presented to Rajya Sabha/Lok Sabha?

Police verification:
It reminds of what Justice Lentin of Bombay High Court said after his retirement. His name had been proposed for elevation to the Supreme Court.

He was brilliant Judge but landed in a case where Antulay, cement scandal fame was involved. He gave an adverse finding against him and Antulay had to resign the chief ministership of Maharashtra. Imagine during Indira Gandhi's regime! We all know the consequence of adverse judgment in her election case - EMERGENCY.

Continuing, Justice Lentin said his character and antecedents had to be verified and certified by the local police before he reached Delhi. You can imagine what happened consequent on Antulay's sacking. Adverse report. After Congress continued to rule Maharashtra after Antulay and his clout had not waned.

His appointment never materialized.