Now Aged License Holders are Being Targeted

[Vikram]

Please read the attachment carefully. Aged license holders are being targeted and their children cannot inherit the gun.They have to prove the threat to their lives and need.

Another example of creeping disarmament of the Indian citizens.


Best-
Vikram

[goodboy_mentor]

Aged or not aged, arms is a fundamental right under Articles 19 and 21 of Constitution of India. Unless people fight, they have to suffer all this absolute nonsense. Joining NAGRI to fight is becoming all the more important.

[grewal]

Every now and then new instructions are being given be the MHO regarding Arms Policy. " This guy is giving a lot of head ache"

[cottage cheese]

This is a clear sign of a government that has run out of ideas... and is currently clutching at straws.
Also one that has clearly lost its focus, and not to mention the incredibly amateurish and naive thought processes these paper monkeys possess.

What blessed purpose does this nonsensical bubble-fart measure serve. I think they should be forced... FORCED to answer in a clear and objective manner through recourse to courts.

IF THE BLOODY STUFFED UP OFFICIOUS S**T HEADS IN THE GOVERNMENT CENTRAL OR STATE ARE ACTUALLY WATCHING THIS- GREAT JOB... I'M SURE YOU'RE PROUD OF YOURSELVES. GO ON AND MAKE A HALF ARSED BANANA REPUBLIC OUT OF A NATION THAT WAS ONCE LONG AGO TRULY GREAT. YOU MOTH EATEN IDIOTS NOW PRESIDE OVER THE BIGGEST FARCE OF A DEMOCRACY THAT'S TOTTERING TO NOTHING MORE THAN A TOTALITARIAN CIRCUS.

[m24]

You've said it, CC.

Nothing more to add.

Regards

[GreenBeret]

This is a clear sign of a government that has run out of ideas... and is currently clutching at straws..

Absolutely true.. Well said CC !

Regards,
GB

[cottage cheese]

...and by government I'm not necessarily implying a political one.


...and what the courts have to say about old age:

" The mere fact that the holder of license is old by itself is no ground for revoking a license"
(Gaya Ram V. District Magistrate : 1987 ACC 392).

I as a citizen of this country run by stupid arrogant fops take severe umbrage at the effrontery the babus and their puppet masters show with this ridiculous "show cause". Are they aware they'll be old some day without all the sadistic bodyguards around them.

I think the hero of the hour would be some brave soul within the establishment who has the courage and levelheadedness to tell the big ones "hey, this is wrong" ... I know that's expecting too much but hey a country of a billion plus should have at least a few bureaucrats with brains and spine.

cc

[winnie_the_pooh]

CC,

Well put.BTW as per law,the revocation of a license is governed by Section 17 of the Arms Act.Old age is no criteria for doing so.The fellow declaring that inheritance is no grounds for getting a license has not read the MHA directive.

I have always said that give the police powers and they will go crazy.We need less authority in the hands of the police not more.For a start abolish all police commissionerates all over the country.The provision that no license is to be issued without a police verification seems to have lead the police to develop an over inflated view of their own importance.No one will talk about the proposal to punish officers who delay the police report for more than 45 days.Also,how are they implementing something that has not even been passed by the Parliament?

[cottage cheese]

Hi WTP...

I'm more than worked up by the nonsense circulating around the country. Thanks for putting legal meaning to my rants...

Also,how are they implementing something that has not even been passed by the Parliament?

Like I said in another thread.... big brother is getting awfully dangerous. Legislators who sit on their thumbs now, wont be able to pull them out later.

regards,
cc

[RamMani]

Please read the attachment carefully. Aged license holders are being targeted and their children cannot inherit the gun.They have to prove the threat to their lives and need.

Another example of creeping disarmament of the Indian citizens.


Best-
Vikram

sad to say, this was happened in our District ( tamilnadu ) also.All aged License holders are targeted in the next renewal.
Simply cancel their License, saying that they have no ability to handle the weapons,without giving any time to take further action to avoid this situation.Any senior citizen can disarmed when they come for renewal.
This way we respect our loyal senior citizens.

Regards
R.Mani
Karur(TN)

[winnie_the_pooh]

sad to say, this was happened in our District ( tamilnadu ) also.All aged License holders are targeted in the next renewal.
Simply cancel their License, saying that they have no ability to handle the weapons,without giving any time to take further action to avoid this situation.Any senior citizen can disarmed when they come for renewal.
This way we respect our loyal senior citizens.

Regards
R.Mani
Karur(TN)

So what was the reaction of the licensees whose licenses were canceled?

[cottage cheese]

So what was the reaction of the licensees whose licenses were canceled?

...probably none.

The Indian citizenry has been brainwashed over generations with how the government knows best. They've been taught to be obedient puppies.

[captrakshitsharma]

Pile of B...S...

[nagarifle]

HIGH COURT OF JUDICATURE OF ALLAHABAD
Court No.38

Civil Misc. Writ Petition No. 48998 of 2004

Har Prasad Singh Vs. State of U.P. & others

Hon'ble Vineet Saran, J

The petitioner was granted a fire arm licence in the year 1971. On 8.5.2002 the District Magistrate, Banda issued a notice to the petitioner to show cause as to why his licence should not be suspended/cancelled. The petitioner submitted his reply on 29.5.2002. Thereafter by order dated 18.10.2002 the licence of the petitioner was placed under suspension on the ground that the petitioner is an old person of about 60 years of age and that in the opinion of the District Magistrate, since he would not be able to use the weapon, it was advised in the order that the petitioner may have his licence transferred in the name of any of his relatives, and till then his licence be placed under suspension. The appeal filed by the petitioner has been dismissed by the Commissioner, Chitrakoot Dham Mandal, Banda vide order dated 2.9.2004 on the same grounds. Aggrieved by the aforesaid orders dated 18.10.2002 and 2.9.2004, the petitioner has filed this writ petition.

I have heard Sri Brajesh Singh, learned counsel appearing for the petitioner as well as learned Standing Counsel appearing for the respondents. Despite time having been granted on several occasions and nearly two years having passed, no counter affidavit has yet been filed. In such circumstances, this writ petition is being taken up for final disposal at this stage.

At the outset, it has been submitted that the licensing authority has no power to place the arms licence under suspension. In support of this reliance has been placed on the decision of this Court in Civil Misc. Writ Petition No. 58216 of 2005 (Ajay Kumar Gupta Vs. State of U.P. and others) wherein, after considering the Full Bench decision of this Court in the cases of Balaram Singh Vs. State of U.P. and others 1988 A.W.C. 1481, Kailash Nath Vs. State of U.P. 1985 A.W.C. 493 as well as the Division Bench decision of this Court in the case of Sadri Ram Vs. District Magistrate, Azamgarh and others 1998 All. C.J. 1449, it has been held that the arms licence cannot be placed under suspension.

Even otherwise, on merits also, the old age of the petitioner is the sole ground for suspension of his arms licence. This Court in the cases of Gaya Ram Vs. District Magistrate, Etawah 1987 A.W.C. 1065 and Ram Bahadur Singh Vs. District Magistrate, Deoria 1991 J.I.C. 294 has categorically held that merely because a licensee is old, it would not be a sufficient ground for revoking the licence.

In the show cause notice, some vague allegations were leveled against the petitioner to the effect that he is a person habitual of having alcohol and that he leaves his weapon unattended. After receipt of the reply to the show cause notice, the respondent-authorities did not find such charges to be correct and passed the order of suspension of the licence of the petitioner merely on the ground of his old age, without even caring to justify as to how, at the age of only 60 years, he would be unable to use his licenced weapon. The petitioner had been in the service of armed force for more than twenty years. Admittedly, he does not have any criminal antecedents. It is not the case of the respondents that there has ever been any incident of misuse of the weapon by the petitioner.

The authorities who have the power to grant or revoke the licence are duty bound to pass orders in accordance with law and not in a whimsical manner. The District Magistrate, as the Licensing Authority, is not sitting there in advisory jurisdiction to advise the licensee to get his licence transferred in the name of his relatives as in his wild opinion, based on no reason, the petitioner may not be able to use his weapon because of old age.

In view of the fact that there is no charge of misuse of his weapon or that the petitioner is a person of criminal antecedents, the order suspending the licence of the petitioner on whimsical grounds appears to be nothing but a clear case of highhandedness of the respondent-authorities.

For the foregoing reasons, the orders dated 18.10.2002 passed by the District Magistrate, Banda, respondent no. 3 and the appellate order dated 2.9.2004 passed by the Commissioner, Chitrakoot Dham Mandal, Banda, respondent no. 2 are both liable to be set aside and are hereby quashed.

This writ petition stands allowed.

The weapon and the licence of the petitioner shall be returned to the petitioner forthwith and in case if the licence has expired, his renewal application shall be considered and decided in accordance with law, within 15 days.

No costs.

Dt/-3.8.2006

PS

[andy_65_in]

i think very soon we will be a airgun only country( free import durt,no licence) :twisted:Truly speaking its the senior citizen who requires weapons for self protection more than the younger gen