What Supreme Court has held about grant of licence

Discussions on the Right to Keep and Bear Arms.
Post Reply
jpc
Learning the ropes
Learning the ropes
Posts: 18
Joined: Sat Sep 11, 2010 6:13 pm
Location: Valsad , Gujarat

What Supreme Court has held about grant of licence

Post by jpc » Fri Jun 29, 2012 6:07 pm

Now a days , most of the arm license applications are rejected by the licensing authority giving vague / false reasons which are not provided under Section 9 &14 of the Act .

Hon’ble Supreme Court of India in the case of Ranjith Singh V/s Union of India reported as [AIR 1981 SC 461] has held that “An applicant for a license is entitled to have it considered in accordance with the terms of the statute and to press for its grant on the basis of the criteria set forth in it”.

Therefore , it is clear that licensing authority can not consider any other ground to reject the application of arm license which is not provided in the statute.

For Advertising mail webmaster
dr.jayakumar
Veteran
Veteran
Posts: 1906
Joined: Tue Apr 06, 2010 9:55 am
Location: tamilnadu,india

Re: What Supreme Court has held about grant of licence

Post by dr.jayakumar » Fri Jun 29, 2012 6:42 pm

supreme court has been stating this often.its the authorities who are ignorant about this and make poeple run around
only way to deal with this is to face it legally,using the supreme court verdict.
regards
dr.jk

User avatar
Vineet
Veteran
Veteran
Posts: 1430
Joined: Fri Jul 11, 2008 11:09 am
Location: Punjab

Re: What Supreme Court has held about grant of licence

Post by Vineet » Fri Jun 29, 2012 10:56 pm

jpc wrote:Now a days , most of the arm license applications are rejected by the licensing authority giving vague / false reasons which are not provided under Section 9 &14 of the Act.
The reason for rejecting most of the arms license applications is the arms and ammunition policy
dated 30.03.2010. http://mha.nic.in/pdfs/AaAPolicyInd-080410.pdf Read the point no. 7. It says...

"State Governments are following liberal criteria for giving NPB licences. It has been decided to prescribe the following norms through amendment to Arms Rules, 1962, for grant of arms licences:-
a) Applications will be considered from persons, who may face or perceive grave and imminent threat to their lives, for which the licensing authority will obtain an assessment of the threat faced by the person from the (angle through) police authorities."
Vineet Armoury
Arms, Ammunition & Accessories.

User avatar
renjith747
Almost at nirvana
Almost at nirvana
Posts: 179
Joined: Mon Jul 06, 2009 11:09 am
Location: Alappuzha,Kerala

Re: What Supreme Court has held about grant of licence

Post by renjith747 » Sat Jun 30, 2012 4:30 pm

Vineet wrote:
jpc wrote:Read the point no. 7. It says...

"State Governments are following liberal criteria for giving NPB licences. It has been decided to prescribe the following norms through amendment to Arms Rules, 1962, for grant of arms licences:-
a) Applications will be considered from persons, who may face or perceive grave and imminent threat to their lives, for which the licensing authority will obtain an assessment of the threat faced by the person from the (angle through) police authorities."
But point no 23 clearly states that up-to 10 weapons can be allotted for sports persons.According to arms act the circular is a rubbish one but it gives little importance for sports.As far as i know licensing authority cannot deny an arms license for sports if you applied for sporting purpose and you didn't fail in section 14 of arms act 1959.Correct me if i am wrong?.I recently applied for arms license (sports)and the file is moving very slow from table to table due to absence of staff :evil: ( i forgot that i am living in india :lol: ).At that time a police officer told me that they are not recommending license for self defense & it is very tough to get for the same.

Regards
Renjith

Virendra S Rathore
One of Us (Nirvana)
One of Us (Nirvana)
Posts: 317
Joined: Thu Jan 01, 2009 11:31 am
Location: Delhi/NCR
Contact:

Re: What Supreme Court has held about grant of licence

Post by Virendra S Rathore » Sat Jun 30, 2012 6:33 pm

dr.jayakumar wrote:supreme court has been stating this often.its the authorities who are ignorant about this and make poeple run around
only way to deal with this is to face it legally,using the supreme court verdict.
regards
dr.jk
I seriously doubt that Doctor sahab. They aren't ignorant. I believe most of them know the nuances of laws/regulations more than us. They just want to make the applicant their punching bag to:
Sooth their egos,
Fill their pockets and lastly
Keep the populace disarmed at their mercy.
Thank god there is a comparatively rational Supreme court in this country that upholds our Constitution created NOT by the monsters of this day.

Regards,
Virendra
Virendra S Rathore

To Take my gun away for I might kill someone is just like cutting my throat for I might yell "Fire !!" in a crowded theatre ..

goodboy_mentor
Old Timer
Old Timer
Posts: 2928
Joined: Sun Dec 07, 2008 12:35 pm

Re: What Supreme Court has held about grant of licence

Post by goodboy_mentor » Sun Aug 12, 2012 5:37 pm

Hon’ble Supreme Court of India in the case of Ranjith Singh V/s Union of India reported as [AIR 1981 SC 461]
It appears the case is Ranjit Singh Etc. Etc vs Union Of India on 26 September, 1980. It can be read at http://indiankanoon.org/doc/369995/
The reason for rejecting most of the arms license applications is the arms and ammunition policy dated 30.03.2010.
Supreme Court has said that policy or guidelines cannot take the place of law. It can be read here http://indiansforguns.com/viewtopic.php?f=4&t=17298
"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

perfectionist1
One of Us (Nirvana)
One of Us (Nirvana)
Posts: 257
Joined: Sat Nov 19, 2011 8:31 pm

Re: What Supreme Court has held about grant of licence

Post by perfectionist1 » Tue Aug 14, 2012 7:10 pm

I really wish Honourable Judge/s also could do something for the enforcement of thier judgements.

User avatar
jonahpach
Shooting true
Shooting true
Posts: 872
Joined: Tue May 23, 2006 10:25 pm
Location: Aizawl
Contact:

Re: What Supreme Court has held about grant of licence

Post by jonahpach » Wed Aug 15, 2012 1:42 pm

perfectionist1 wrote:I really wish Honourable Judge/s also could do something for the enforcement of thier judgements.

This would be the moral duty of law abiding and freedom loving citizens, we can do our part by submitting RTI's and going to courts
Speak softly and carry a big gun!

Post Reply