RTI on import restriction

[SYED833]

Guys,I was wondering,as no one knows why arms are on the restricted list and who put them on that list,and the reasons for them to be on that list,and which circulars or laws or acts or orders were passed to put them on that list,why not do a rti for clarification?
And if by chance we do decide to file a rti,which agency should it be filled to?
Please advice if multiple persons can file a single appliction? If we can,then please allow me the privilege to be a signatory to this cause..
What do you guys think? Can we do an RTI together?
Please advice and support..
regards.
syed..

[goodboy_mentor]

which circulars or laws or acts or orders were passed to put them on that list

If you read this post http://indiansforguns.com/viewtopic.php ... rt=0#p6792 it appears it was done for the first time under MHA Notification No.S.O.667(E) dated 12.09.1985.

If you read this post http://indiansforguns.com/viewtopic.php ... 591#p17794 it appears it was done for first time in 1986 by Ministry of Finance and not by Ministry of Home Affairs for the "abuse" of importing arms and selling them at price three to four times.

As per my understanding, at present the Section 5 of the The Foreign Trade (Development and Regulation) Act, 1992 empowers the Central Government to announce the Foreign Trade Policy. The firearms have been put in restricted list of EXIM Policy.

And if by chance we do decide to file a rti,which agency should it be filled to?

RTI can be filled with DGFT http://dgft.gov.in/ Probably you may get some related information on the website itself.

[SYED833]

Thanks GBM. But,has Any body ever done a RTI for this information? May be these notifications dont make any sense now,or are totally unconstitutional..The least we could do is ten people filling the RTI..At the very least they would know that questions are being raised..Some thing has to be done know? If not us then who?
syed..

[goodboy_mentor]

You may try sending PM to the people in those threads(or email to NAGRI) and see if they already have those notifications. If those notification are not in force today, then they do not have any legal force. The notifications which are in force, even if unconstitutional, have a force of law until struck down by High Court or Supreme Court. I do not think multiple people filing RTI applications would have any effect. In my opinion rather than jointly doing multiple RTI applications, a writ can be filled jointly by people in High Court or Supreme Court. Following is my opinion about this matter http://indiansforguns.com/viewtopic.php ... 30#p146250

[SYED833]

Thanks GBM.
I invite all those who have questions related to import restrictions,to place there questions here..Please help me in drafting a good rti application..Good boy mentor,your inputs are much needed here please.I would like to go at it alone.
This is a link for rti to dgft http://dgftcom.nic.in/exim/2000/rti/application.htm
regards.
syed..

[goodboy_mentor]

Following is my idea about the question that can be put in RTI application:

Please provide information regarding laws/ notifications under which those Exim Codes from 9301 to 9307 in Chapter 93 titled "Section XIX Arms and Ammunition; Parts and Accessories thereof Chaper 93 Arms and Ammunition; Parts and Accessories thereof" of ITCHS Schedule-I have been put in policy as restricted. You may refer ITCHS Schedule-I at http://dgft.gov.in/exim/2000/dn/ftpdnl/ ... DULE-I.zip

If the information sought in this application is not available in your office, please transfer this RTI application to the concerned office and inform me of the same as per Section 6(3) of RTI Act 2005.

Once you get this information, if needed you can dig down further with the notification issuing ministry/ department by doing another RTI to find related information like file notings etc. about the "Objects and Reasons" behind that law/ notification.

[SYED833]

Thank you GBM

SYED.