Help needed in filing a RTI!

The legal aspects of owning, shooting, importing arms/ ammo and other related legal aspects as well as any other legal queries. Please note: This INCLUDES all arms licensing issues/ queries!
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SYED833
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Re: Help needed in filing a RTI!

Post by SYED833 » Fri Oct 21, 2011 10:25 pm

punitjalan wrote:Thanks Syed...............actually I had given the reminder letters at the DC Office by hand and the RTI was addressed to the Chief Secretary of Assam.
Thats too bad..These guys are nifty.There is a very valid suggestion up there that, if its not a real emergency for you,..you could get it extended to 3 states..going to court is easy and fast, coming out is not so easy or fast..So, be cool and take the right decision..
Best of luck..
syed..

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Re: Help needed in filing a RTI!

Post by goodboy_mentor » Sat Oct 22, 2011 12:39 am

Is the reason for rejection correct legally? I mean I dont think there is any one year time frame mentioned in the arms act or the arms rules or even any notification?
The reason for rejection has no legal basis. Getting an arms license or getting its area validity increased is not a matter of providing some "valid reason" or "good reason" or "emergency reason", it is a matter of citizen's fundamental right guaranteed by the Constitution of India. How? Because of the following:

1) Arms Act 1959 is just a law to regulate arms which are guaranteed as fundamental right by the Constitution of India. The Constitution of India is guaranteeing to us not only the right to self defense, but is also guaranteeing to us the arms as our fundamental right. Arms(includes firearms, ammunition and explosives) are guaranteed Right to Freedom of citizens under Article 19 and Right to Life and Liberty under Article 21 of the Constitution of India. For understanding in detail please read the following links:
a) http://indiansforguns.com/viewtopic.php ... 38#p150397
b) http://indiansforguns.com/viewtopic.php ... 56#p149914

2) a) Article 19(1)(d) of the Constitution of India, guarantees to its citizens, the right to move freely throughout the territory of India.
b) Articles 19 and 21 of the Constitution of India, are guaranteeing the right to keep and bear arms.
c) Article 21 of the Constitution of India, guarantees the right to self defense. The Constitution cannot say that self defense has to be done with bare hands only. Thus the right to self defense also includes the right to the tools of self defense.

Keeping the above three Constitutional guarantees of fundamental rights in mind, the Constitution cannot say that if citizen wants to exercise the fundamental right to move freely throughout the territory of India, then cannot carry his arms which is also his fundamental right and has to do his fundamental right of self defense with his bare hands only.

Because of this fact, please note that the citizen is not under the legal burden to prove or justify, why he needs a license(Constitutional guarantees of RKBA and self defense are already speaking on his behalf) or why wants area validity of license increased(Constitutional guarantees of right to move freely throughout the territory of India, RKBA and self defense are already speaking on his behalf). Rather the legal burden to justify the denial of same is on the State. In other words issue of arms license or increase of its area validity is a rule rather a right and its denial is an exception.
I want to go further and I want some suggestions regarding what can I ask further?
What else do you want to ask? I do not see there is anything more left to be asked.
actually I had given the reminder letters at the DC Office by hand
If you deliver any letter by hand always get a receipt for the same, preferably on photocopy of the same. Else they simply throw the letter in the dustbin and say that they have not received it. Alternately deliver the letter by registered post/ speed post and get its "proof of delivery" from post office.
"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

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Re: Help needed in filing a RTI!

Post by punitjalan » Sat Oct 22, 2011 9:44 am

@ Syed
Thanks................I will definetely go for the three state endorsement.

@ GBM

Thanks for all the valuable inputs you have given. Now suggest me what to do next- a reply mentioning the points highlighted by you or court? Can I go to the district court?
Punit.

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Re: Help needed in filing a RTI!

Post by goodboy_mentor » Sat Oct 22, 2011 2:36 pm

You are the best judge to decide what you want to do next, like applying for three state endorsement and see what they do, and then again apply for all India endorsement and see what they do, or want to get all India endorsement done straight away. There appears no use replying them further and banging your head with them. In my opinion it is a matter of violation of your at least the following fundamental rights:

1) Guarantee under Article 13 of the Constitution, regarding laws inconsistent with or in derogation of the fundamental rights, to the extent of such inconsistency will be void.

2) Equality before law is guaranteed under Article 14 of the Constitution. When others have all india license, why you should not be treated equally under the law and get all india license?

3) The right to move freely throughout the territory of India guaranteed under Article 19(1)(d) of the Constitution. Constitution cannot say that you have this right only on the condition that you do your self defense with your bare hands only.

4) The right to keep and bear arms guaranteed under Articles 19 and 21 of the Constitution of India. Articles 19 and 21 of the Constitution of India is applicable all over the territory of India and not just the area validity of your license.

5) The right to self defense guaranteed under Article 21 of the Constitution of India is applicable all over the territory of India. The Constitution cannot say that outside the area validity of your license, the self defense has to be done with bare hands only.

If you want may get in touch with some good civil lawyer and approach High Court or Supreme Court to get a writ issued. District Courts do not have power in matters of writ. Only High Courts or Supreme Court have power to issue writs to the government.
"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

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Re: Help needed in filing a RTI!

Post by punitjalan » Mon Oct 24, 2011 1:43 pm

@ GBM

I have given all the details to a lawyer in Guwahati. He told me that he will go through all the details as well as the arms act and see if there is any appleate authority in case an application is rejected. He told me that its better to write to the Chief Secretary once before going for a writ. I am also going to Delhi and Rajasthan on 28th of this month so I think I should give my lawyer some time.
Punit.

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Re: Help needed in filing a RTI!

Post by goodboy_mentor » Mon Oct 24, 2011 7:23 pm

There is Appellate Authority under Section 18 of Arms Act 1959. Rule 5 of Arms Rules 1962 specifies the Appellate Authorities. Most probably the Appellate Authority in your case is going to be the MHA New Delhi. Yes if not already "appealed" to the Appellate Authority, then before going to High Court, it is better to "appeal" to the Appellate Authority by a legally well drafted appeal and see what happens.
"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

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Re: Help needed in filing a RTI!

Post by punitjalan » Tue Oct 25, 2011 9:50 am

Thanks GBM.................sure I will do that after I come back from Delhi. Can you please suggest me some good air pistol dealers in Delhi??
Punit.

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Re: Help needed in filing a RTI!

Post by nagarifle » Tue Oct 25, 2011 10:44 am

punitjalan wrote:Thanks GBM.................sure I will do that after I come back from Delhi. Can you please suggest me some good air pistol dealers in Delhi??
which of the rip off marchent do you want to visit :)

try art-collector see if he has any.
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Re: Help needed in filing a RTI!

Post by punitjalan » Tue Oct 25, 2011 12:30 pm

@ Nagarifle


Thanks..............can you please give me the address and phone number??
Punit.

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Re: Help needed in filing a RTI!

Post by nagarifle » Tue Oct 25, 2011 1:00 pm

try the yellow pages of the forum if not done so, or contact one of the delhi darlings for better advice
Nagarifle

if you say it can not be done, then you are right, for you, it can not be done.

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