Public Petition To Supreme Court - Suggestions

[goodboy_mentor]

Very good.

NCRB website had the statistics that showed that less than 1% of violent crimes done by licensed firearms. RTI can be done to NCRB/ MHA to know how many total terrorist/ insurgent incidents happened in last ten years. And how many out of those were carried out using licensed guns.

Would like to add that Articles 51A(c) & (d) exist because Article 19 recognizes RKBA. In other words the doctrine of 2nd Amendment also exists in the Indian Constitution.

You may also like reading the following thread http://indiansforguns.com/viewtopic.php?f=3&t=5316

[ankur_ank007]

Very good.

NCRB website had the statistics that showed that less than 1% of violent crimes done by licensed firearms. RTI can be done to NCRB/ MHA to know how many total terrorist/ insurgent incidents happened in last ten years. And how many out of those were carried out using licensed guns.

Would like to add that Articles 51A(c) & (d) exist because Article 19 recognizes RKBA. In other words the doctrine of 2nd Amendment also exists in the Indian Constitution.

You may also like reading the following thread http://indiansforguns.com/viewtopic.php?f=3&t=5316

Dear Goodboy_Mentor,

Sorry, I don't know your name.

Thank you Sir, for referring such a wonderful article.

If the essence of the second amendment of US Constitution also exists in Constitution of India we can compile the data to relate RKBA with the soul of "Right to Live" and file a PIL and as per the ruling of Supreme Court of India, any amendment cannot be made in the constitution which interferes with the basic structure of the constitution and "Article- 19(1)b, Article-21 and Articles 51A(c) & (d) are one of the the basic fundamentals of the constitution.

[ankur_ank007]

Very good.

RTI can be done to NCRB/ MHA to know how many total terrorist/ insurgent incidents happened in last ten years. And how many out of those were carried out using licensed guns?

Dear Sir,

Also, if you can draft an application as per RTI act for the same, in details, I am ready to file it. We can compile all the RTI responses, collect all high courts/supreme court verdicts, collect quotes from famous leaders from history (including Mr. M K Gandhi) and file a PIL in supreme Court of India for our rights, we can at least try to make a change.

[goodboy_mentor]

Dear Sir,

Your RTI application is pretty good. May read the following tips on writing RTI application https://app.box.com/shared/btgj98hovi

If you are ready to file PIL/ Writ, why not also communicate with spin_drift? If you read his post in the following thread http://indiansforguns.com/viewtopic.php ... 7&start=15 he is ready to approach Supreme Court.

The following links can give you some more ideas related to your petition:

http://indiansforguns.com/viewtopic.php ... 67#p220067

http://indiansforguns.com/viewtopic.php ... 15#p117785

http://indiansforguns.com/viewtopic.php?f=4&t=15556

Above are not complete. They may need many corrections and additions. At least they can give you some more ideas. We can refine and improve further.

[ankur_ank007]

Dear Sir,

Your RTI application is pretty good. May read the following tips on writing RTI application https://app.box.com/shared/btgj98hovi

If you are ready to file PIL/ Writ, why not also communicate with spin_drift? If you read his post in the following thread http://indiansforguns.com/viewtopic.php ... 7&start=15 he is ready to approach Supreme Court.

The following links can give you some more ideas related to your petition:

http://indiansforguns.com/viewtopic.php ... 67#p220067

http://indiansforguns.com/viewtopic.php ... 15#p117785

http://indiansforguns.com/viewtopic.php?f=4&t=15556

Above are not complete. They may need many corrections and additions. At least they can give you some more ideas. We can refine and improve further.

Dear Sir,

I am open to file a RTI but filing an individual PIL/Writ won't help at all. We should do it in a professional way. Our founding fathers wanted a few rights to be with us and we if want those rights we will have to adopt the way which our founding fathers adopted and that is be organised, professionally legal approach and pure logic to defeat the suppressors.
I mean to say we will have to file writs/PIL in an organised manner, together.

[ankur_ank007]

We need to understand that in present form of Arms Act 1959 and its Rules, there is no obstacle to the government to issue license for any kind of gun. But actually the licenses are not issued because of some of its vague clauses. They allow the licensing authority to keep sitting indefinitely or arbitrarily reject applications. This vagueness and arbitrariness needs to be removed from Arms Act. Everything needs to be decided in a time bound manner.

Dear Sir,

With reference to the above quoted post, can you help me to list and understand the clauses which are the real trouble in getting arms licence by law abiding citizens are which are infact has taken a form of silver spoon which are feeding the egoes and wallets of power and money hungry "Babus" in our bureaucratic system. The matter of fact is, you application will not be rejected if your papers are in somewhat order and you have a heavy wallet to quench the thirst of "Licensing Babus" and a good "Pauwwa/Source" to forward your files.

[goodboy_mentor]

Dear ankur_ank007 Yes I understand that writ/PIL has to be done professionally otherwise it will go out of the window.

If you read Section 13(2) of Arms Act, you will find that it talks of "prescribed time" for police report. It means licensing authority can prescribe whatever duration of time. No fixed time in the Act. Absence of deeming clause if licensing authority does nothing within fixed time.

Section 13(3)(b) talks vaguely about "good reason". Licensing authorities are rarely able to get "good reasons" unless provided with the types you have already mentioned.

[ankur_ank007]

If you read Section 13(2) of Arms Act, you will find that it talks of "prescribed time" for police report. It means licensing authority can prescribe whatever duration of time. No fixed time in the Act. Absence of deeming clause if licensing authority does nothing within fixed time.

Section 13(3)(b) talks vaguely about "good reason". Licensing authorities are rarely able to get "good reasons" unless provided with the types you have already mentioned.

Dear Sir,

We can proceed with filinget writs to fix these problems. Like we can file RTI to ask what is the meaning of "Prescribed Time" in this context, and once we receive the RTI response we can file Writ/PIL to ask court to intervene and define these thints with respect to the act to secure the civil and fundamental rights of the citizen.

Please advise.

Regards.

[goodboy_mentor]

Dear ankur_ank007 Yes the courts have power of judicial interpretation and review of laws. If they find some provision of law against Constitution, they can strike it down. The changes to law can be made by Parliament.

[ankur_ank007]

Dear ankur_ank007 Yes the courts have power of judicial interpretation and review of laws. If they find some provision of law against Constitution, they can strike it down. The changes to law can be made by Parliament.

Dear Sir,

So can we proceed this way? If yes, let's be the torch bearers, without interfeying with the cause and modus operandi of NAGRI. I don't want to harm the cause by any mistake of mine knowingly or unknowingly.

Regards,

[goodboy_mentor]

Dear ankur_ank007 yes we can surely proceed but it has to be done slowly with proper long term planning. It would be a long legal battle entailing regular lawyer fees etc. It cannot be done in "heat of the moment" manner. If you search this website you will find that this topic has been discussed a number of times.

I don't think cause of NAGRI can be harmed in any manner. Like I said earlier, it would be good to communicate with spin_drift since he is already in touch with lawyers and interested in approaching courts.

[ankur_ank007]

Dear ankur_ank007 yes we can surely proceed but it has to be done slowly with proper long term planning. It would be a long legal battle entailing regular lawyer fees etc. It cannot be done in "heat of the moment" manner. If you search this website you will find that this topic has been discussed a number of times.

I don't think cause of NAGRI can be harmed in any manner. Like I said earlier, it would be good to communicate with spin_drift since he is already in touch with lawyers and interested in approaching courts.

Dear Sir,

Lets form a group as well as a fund. The group can be inclusive of all the law abiding gun enthusiasts and through that fund we can keep the legal battle surviving. The legal battle will have be started before we think about winning or losing it. If we win we will be setting a benchmark in the history of the battles for the human rights and god forbid, if we lose, we will analyse the reasons and rise again.

Regards

[ankur_ank007]

Dear Sirs,

I have received an email against The RTI which I filed on 13th of January 2015 with Ministry of Home Affairs, with the details mentioned in the forum. The screenshot of the current status is attached here. It says "Remarks- Reply sent to the applicant physically by this Ministry letter dated 20th January, 2015 and also transferred to Director General Civil Defence & forwarded to Director (Police), Director (Services), Director (Pers.I), Director (Pers) physically."

Please someone tell me what does this mean?

[goodboy_mentor]

Lets form a group as well as a fund. The group can be inclusive of all the law abiding gun enthusiasts and through that fund we can keep the legal battle surviving. The legal battle will have be started before we think about winning or losing it. If we win we will be setting a benchmark in the history of the battles for the human rights and god forbid, if we lose, we will analyse the reasons and rise again.

Regards

I agree with your opinion. Probably NAGRI and spin_drift wants to do similar thing. It would be good to talk with NAGRI and spin_drift. Some people living near or around Delhi will be more useful since they can talk with lawyers who practice in supreme court.

[ankur_ank007]

Lets form a group as well as a fund. The group can be inclusive of all the law abiding gun enthusiasts and through that fund we can keep the legal battle surviving. The legal battle will have be started before we think about winning or losing it. If we win we will be setting a benchmark in the history of the battles for the human rights and god forbid, if we lose, we will analyse the reasons and rise again.

Regards

I agree with your opinion. Probably NAGRI and spin_drift wants to do similar thing. It would be good to talk with NAGRI and spin_drift. Some people living near or around Delhi will be more useful since they can talk with lawyers who practice in supreme court.

Hi,

I also want to be a contributor for the cause, if all the learned IFG fraternity can quote me the "Court Case No.s and basic details" in which a judgement/remark was passed in favour of RKBA, by the honourable High Courts and The Supreme Court, I will arrange to get the certified copies of the same and I can then send those copies to NAGRI or Mr. Abhijeet Singh. This can be a strong documentary support in favour of a PIL/Writ. Meanwhile I am still waiting for the response of RTI filed on 13th of January 2015 with MHA/NCRB.

Regards