Allahabad High Court critical of strict gun licencing policy

[pran80]

All,

Attached is a copy of the order by H'onble Justice SU Khan of Allahabad high court on the petition filed by Mr Pawan Kumar Jha against the refusal of grant of arms licence.

Below is the press coverage of the same -

http://www.dnaindia.com/india/report_ar ... rt_1480826


Regards,

[hvj1]

The Allahbad H.C. order is brief to the point and says it all. So now we have a recourse, also a landmark precedent.

[Anand]

Absolutely beautiful!! It is refreshing to see that the Hon'able Court has seen the evils of the "system" and give such orders.
Anand

[ven99]

great judgement , i think we should take one step ahead and and file a wp for revoking the arms policy ...
regards
amr

[grewal]

The order says that who so ever applies for an arms licence should be given unless there is any criminal case pending against the applicant. This is a very clear decision . And a very good one.

[The Doc]

Bravo !

[mundaire]

See the attached scan of the article. Would be great if one of the members could post an English translation here.

Cheers!
Abhijeet

[pran80]

Abhijeet,

I had posted a copy of the order in the below topic.

http://www.indiansforguns.com/viewtopic.php?f=3&t=12232

Cheers,

[shooter]

[mundaire]

Abhijeet,

I had posted a copy of the order in the below topic.

http://www.indiansforguns.com/viewtopic.php?f=3&t=12232

Cheers,

My bad! Haven't been very regular on the forum lately, so missed your post. Have merged both threads.

Cheers!
Abhijeet

[ravi.sharma]

Good news after a long time, its great to see something good happening for the law abiding citizens in some state, though the point still remanins, whether it would be implemented at route level. Many babu's will be still ignorant to this law.

Cheers

Ravi.

[SYED833]

In all humility,I would like to know what else could be done.?apart from joining nagri and encouraging others to do so..At a mass all india level,is a PIL in the supreme court not an option,.does it serve any purpose,or can it change the arms act?why nagri does not take a Judicial approach to amend the act?is it the lack of strength in numbers of it's members,or scarcity of finances,,or is it too early for that approach?
Please know that I ask this with the best of intentions.,not to create any contraversy..these were just some doubts I had in mind,doubts to which I have no answers..
Syed..

[mamamia]

Plaintiff applied for an arm license in 1996
Plaintiff goes to High court for relief in 1998
Plaintiff gets relief from High court in 2010

Overall these Two gentlemen spent 14 years to find some sort of closure to their arms license application.

[skeetshot]

Friends,

Take heart !!

While the actions of the Licencing Authorities is largely illegal, as well as the actions of the Home Ministry also being largely illegal and unconstitutional, we must not loose hope.

In a few days NAGRI will be finally making a presentation to the Home Committee, on February 24th at 4 pm to be specific, and we are going as best prepared as possible.

The fact still remains, that the Honorable Home Minister, by issuing executive order in the form of the Arms Rules, has largely negated the very provisions of the Arms Act, which has been passed by both houses of Parliament.

At this juncture I seriously doubt if and when the Home Minister is able to table his amendments on the floor of the House, if it would muster many votes in support of it, such is the opposition to this from almost 100 MPs I have met and talked with.

So in this great Republic we are all part of, we have a Home Minister who is trying to impose his views on a nation, (some would even say dictator) and this is something we will not accept.

Not only do a majority of MPs support our cause, the courts have severally passed various judgements against these actions of the Licencing Authorities.

Together we can fight and reverse this.

Thanking You

Rahoul Rai

President

NAGRI

[Anand]

skeetshot,
Thanks for the latest info. A lot of us were wondering what was going on with NAGRI.
Would it not help in adding to your submissions to the Home Committee, details of any(and all) Cases in various courts that have been granted in favour of the citizen, when the Licensing Authority has decided not to grant licenses?

This could very well add to the "evidence" that not everything is alright with the current situation, let alone, the law being altered to further make it more difficult for the Citizen.

Also the time taken to get justice in this matter can also be highlighted so as to bring about some sort of "fast track" process by the Courts to expedite the said process in case this happens again.

I have posted elsewhere regarding my situation for renewal of Arms License, where it has taken only 3 days to do the verification but it took the officer 66 extra days to sign it, and I have been a licensee since 1996. The arbitrary powers that the LA is given and the scope for abuse and the ease with which an applicant or a licensee can be given grief must also be highlighted.

All and any new requirements such as "fitness certificate" or such other "paperwork" which does nothing but add to the paperwork must be approved as a requirement by the highest authorities without being introduced by any SHO etc.in order to avoid unneccessary hassle to the applicant. In short, the Law must be adhered to in Spirit as well as action.

All of us appreciate what NAGRI is doing..
Regards,
Anand