Next logical step is to go to point 2 & 3 to challenge MHA order in court. Then next logical question is, should we wait for the results Arms Amendment Bill 2010 which is pending.(Main purpose of this Bill is to legalize this illegal MHA order. Please note point number 3 under "Objects and Reasons" in the Bill and point no. 3 in the MHA order, they are exactly same) So if the Bill is passed by Parliament, the court will say the order is legal. So a strategy has to be decided for the fight.One of my known applied for addition of weapon. Authorities turned down his application by quoting reason as MHA circular. Their paper work is in order. They say that they are working on latest instructions/guidelines issued by the Govt. from time to time. So I think there is little left for RTI use.
Procuring a firearm may no longer be easy
-
- Old Timer
- Posts: 2928
- Joined: Sun Dec 07, 2008 12:35 pm
Re: Procuring a firearm may no longer be easy
"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992
-
- Learning the ropes
- Posts: 46
- Joined: Thu Aug 05, 2010 8:19 pm
- Location: SAS Nagar(Mohali)
Re: Procuring a firearm may no longer be easy
Dear goodboy_mentor,
There is one example. Central Ministry issued guidelines/instructions may be in 2005 or 2006 that the Govt Employee who joined service on or after 01.01.2004 should be governed by the New Contributory Pension Scheme. After this many state govts. issued similar instructions on the analogy of centre. Lakhs of employees are now governed by these executive orders. But till date bill for this amendment is not tabled in Parliament. So the makeshift executive orders are prevailing. Political parties especially lefts are doing agitations. Left ruled states and one or two other states have not implemented this yet.
Now the question is this, whether case of Arms Act amendment will also be inconclusive indefinitely and we people will suffer from RED Tapistm (Babus).
If legal remedy is to be taken it should be by some body like NAGRI because if some individual go to court it will be very costly affair secondly his/her case will be based/decided on circumstantial evidences/conditions.
The cases/issues like ours I think can be challenged in Supreme Court before constitutional bench.
So lets pull our socks on this front also, build NAGRI our organisation and activate our all engines.
I am sure some people might be paddling beneath water and will come out with concrete line of action.
Thanks and Regards.
PSM
There is one example. Central Ministry issued guidelines/instructions may be in 2005 or 2006 that the Govt Employee who joined service on or after 01.01.2004 should be governed by the New Contributory Pension Scheme. After this many state govts. issued similar instructions on the analogy of centre. Lakhs of employees are now governed by these executive orders. But till date bill for this amendment is not tabled in Parliament. So the makeshift executive orders are prevailing. Political parties especially lefts are doing agitations. Left ruled states and one or two other states have not implemented this yet.
Now the question is this, whether case of Arms Act amendment will also be inconclusive indefinitely and we people will suffer from RED Tapistm (Babus).
If legal remedy is to be taken it should be by some body like NAGRI because if some individual go to court it will be very costly affair secondly his/her case will be based/decided on circumstantial evidences/conditions.
The cases/issues like ours I think can be challenged in Supreme Court before constitutional bench.
So lets pull our socks on this front also, build NAGRI our organisation and activate our all engines.
I am sure some people might be paddling beneath water and will come out with concrete line of action.
Thanks and Regards.
PSM
PSM
He may be cut apart piece by piece, but he never leaves the field of battle.
He may be cut apart piece by piece, but he never leaves the field of battle.
- snIPer
- Veteran
- Posts: 1664
- Joined: Wed May 23, 2007 12:06 pm
Re: Procuring a firearm may no longer be easy
psm wrote: If legal remedy is to be taken it should be by some body like NAGRI because if some individual go to court it will be very costly affair secondly his/her case will be based/decided on circumstantial evidences/conditions.
The cases/issues like ours I think can be challenged in Supreme Court before constitutional bench.
So lets pull our socks on this front also, build NAGRI our organisation and activate our all engines.
I am sure some people might be paddling beneath water and will come out with concrete line of action.
Thanks and Regards.
PSM
Venting our frustation on forums is not going to help at all. A legal case needs to be filed and only then will the wheels be set in motion.
Or else we can be arguing and writing about it all we want and there will be no one to hear it.
/S/
On my Epitaph - Off to Happy Hunting Grounds.
- SYED833
- Almost at nirvana
- Posts: 186
- Joined: Wed Jul 14, 2010 7:27 pm
- Location: Andhra Pradesh
Re: Procuring a firearm may no longer be easy
True words about NAGRI filling a PIL,, i am all for it,,but attacking one order and getting it quashed is of no use,because there will be another order,and another after that, MHA has all the time and resources they need,we dont..i think NAGRI should go after the ARMS ACT in totallity..ofcourse its easier said than done,but i still have hopes one day NAGRI is going to change this..
i read some where--NO CAUSE IS LOST AS LONG AS THERE IS BUT ONE FOOL LEFT TO FIGHT FOR IT..
my apoligies if the quote has been mis quoted..
i read some where--NO CAUSE IS LOST AS LONG AS THERE IS BUT ONE FOOL LEFT TO FIGHT FOR IT..
my apoligies if the quote has been mis quoted..
Last edited by SYED833 on Wed Sep 15, 2010 8:13 pm, edited 1 time in total.
-
- Old Timer
- Posts: 2928
- Joined: Sun Dec 07, 2008 12:35 pm
Re: Procuring a firearm may no longer be easy
Arms Bill that is in pending status in Parliament cannot be questioned in Court. Of course the Arms Act 1959 which gives arbitrary powers to executive to issue such orders can be questioned in Court. I have already mentioned in various posts that Arms Act 1959 is suffering from vice of over delegation. In my opinion this is the real problem.
"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992
- SYED833
- Almost at nirvana
- Posts: 186
- Joined: Wed Jul 14, 2010 7:27 pm
- Location: Andhra Pradesh
Re: Procuring a firearm may no longer be easy
i meant the ARMS ACT,,post has been edited...
-
- Learning the ropes
- Posts: 46
- Joined: Thu Aug 05, 2010 8:19 pm
- Location: SAS Nagar(Mohali)
Re: Procuring a firearm may no longer be easy
snIPer,
Its not an issue of frustration. The forum is nice platform for healthy discussions. Always light comes out talks. Here articulate persons from different diaspora participate and contribute positively. So I dont think that discussing an issue is frustration or something like it.
Thanks and Regards.
Its not an issue of frustration. The forum is nice platform for healthy discussions. Always light comes out talks. Here articulate persons from different diaspora participate and contribute positively. So I dont think that discussing an issue is frustration or something like it.
Thanks and Regards.
PSM
He may be cut apart piece by piece, but he never leaves the field of battle.
He may be cut apart piece by piece, but he never leaves the field of battle.