Arms License Application for NOB handgun rejected from Gandhinagar, Gujarat

[ankur_ank007]

Dear Learned friends,

My AL application has been rejected by the Licensing Authority Gandhinagar with reason given as "Not having genuine Need".

I have filed a Writ directly to the Hon'ble Supreme court of India with Diary no. 36119/2015 and has been accepted as the case also has a Honour Killing angle.

Advise expected from all the learned friends.

regards
Ankur

[goodboy_mentor]

When Diary no. 36119/2015 is checked on Supreme Court website, it says there are defects in the petition. Unless you are challenging the vires of some provision of Arms Act 1959, approach court after appeal is rejected by appellate authority.

[aadhaulya]

Ankur,
Sorry to know the fate of your application after such a long time. Ypu had one of the most genuine reason for getting the license. Follow GBM's advise and all should end well

Atul

[ankur_ank007]

When Diary no. 36119/2015 is checked on Supreme Court website, it says there are defects in the petition. Unless you are challenging the vires of some provision of Arms Act 1959, approach court after appeal is rejected by appellate authority.

Hello Sir,

Thanks for your feedback. I have rectified the defects and sent the papers again. Also, I have challenged the the authority on the basis of the judgements and directives of the supreme court in the cases of Honour Killing Threats. I have not challenged the provision of the act but the ignorance of the government officials about the directives of the court about cases of honour killings and threat to honour killings.

Is it a correct way to approach court? if no, please advise.

Regards

[goodboy_mentor]

It is still saying there are mistakes. Why you are not appealing to appellate authority and directly going to supreme court? The court may not like it.

[ankur_ank007]

It is still saying there are mistakes. Why you are not appealing to appellate authority and directly going to supreme court? The court may not like it.

I wrote various letters to appellate authority and emails also, but there was no response. They did not even sent me an acknowledgement for the letters. In "Arumugam Servai vs State of Tamil nadu" Honourable Supreme Court has clear directives to the District magistrates & Superintendent of Police of all the districts in India to deal with threat to Honour Killings and Honour Killings hence I chose to go to Hon'ble supreme court.

Please share your most valued feedback.

Also, if you know any decent lawyer in Ahmedabad/Gandhinagar who can handle such case, please advise.

Regards

[goodboy_mentor]

Your matter is related to getting arms license under Arms Act 1959, it is your legal right flowing from your fundamental rights under various articles of the constitution. If you read the following post in another thread via the following link https://www.indiansforguns.com/viewtopi ... 30#p230480 the relevant articles have been mentioned. Arumugam Servai vs State of Tamil nadu is asking the administrative and police officials to take strong (administrative) measures to prevent atrocious acts. The Supreme Court judgement related to Darshan Singh vs State Of Punjab is more directly related to your matter because gun can be used for right of private defense.

Why do you want to bypass the procedure of appeal to the appellate authority? Rather than sending letters and emails to appellate authority, please follow the "due process" of appeal under Arms Act 1959, after you get the reasons for rejection in writing. Find out the details, procedure and fees etc. for appeal from the office of appellate authority and file appeal accordingly. You may give citations about Arumugam Servai vs State of Tamil nadu as well as many judgments you desire to mention in the appeal. Once it is rejected, approach High Court or Supreme Court as per your lawyer's advice.

I do not know any lawyer at your location. You will have to find yourself.

[ankur_ank007]

Your matter is related to getting arms license under Arms Act 1959, it is your legal right flowing from your fundamental rights under various articles of the constitution. If you read the following post in another thread via the following link https://www.indiansforguns.com/viewtopi ... 30#p230480 the relevant articles have been mentioned. Arumugam Servai vs State of Tamil nadu is asking the administrative and police officials to take strong (administrative) measures to prevent atrocious acts. The Supreme Court judgement related to Darshan Singh vs State Of Punjab is more directly related to your matter because gun can be used for right of private defense.

Why do you want to bypass the procedure of appeal to the appellate authority? Rather than sending letters and emails to appellate authority, please follow the "due process" of appeal under Arms Act 1959, after you get the reasons for rejection in writing. Find out the details, procedure and fees etc. for appeal from the office of appellate authority and file appeal accordingly. You may give citations about Arumugam Servai vs State of Tamil nadu as well as many judgments you desire to mention in the appeal. Once it is rejected, approach High Court or Supreme Court as per your lawyer's advice.

I do not know any lawyer at your location. You will have to find yourself.

I dont want to avoid due process, the matter of fact is, they have even not even shared a letter stating the reason for the rejection of AL application which is wrong. The LA must share the reasons for the rejection of AL in writing. Also, without getting a written letter with the reasons for rejection, what can I do. Also, in several cases the SCI has issued mandamus to administration related to such cases, but they are arrogant and high handed.
Should I wait for 2-3 years for a hearing at the office of appelate authority and pray to the god that something wrong doesnot happen to me and my wife? The LA of Gandhinagar is so damn above the law that he can simply reject an application verbally, without bothering to give me a written letter with reasons of rejection of letter!

Please advise me a way, which I should follow to get things done in a smooth way.

Waiting for your most valued email.

Regards,
Ankur

[goodboy_mentor]

You may try to get the rejection letter politely and amicably form the office of LA. If everything fails, then you may have to take recourse of RTI to get the copy of information from your file that tells the reasons for rejection of your application. RTI reply stating the reasons for rejection is equally valid for all legal purposes.

[ankur_ank007]

You may try to get the rejection letter politely and amicably form the office of LA. If everything fails, then you may have to take recourse of RTI to get the copy of information from your file that tells the reasons for rejection of your application. RTI reply stating the reasons for rejection is equally valid for all legal purposes.

Thank you very much sir for your kind suggestion. I can't believe I just missed the RTI option. However i have recently received the file notes/details/letters/details etc of all the FIRs and police complaints that I made. I will go for this also.

Regards,
Ankur

[goodboy_mentor]

I can understand the frustration and humiliation one goes through, especially when one is seeking nothing but justice in India. Unfortunately this is what "We the people of India" have made it the way the things are today. The saying silence of good men is more dangerous than the brutality of bad men is perfectly applicable. If I am recalling correctly, there is some time limit within which you will have to appeal unless there is some good reason for delay. Therefore may write a registered or speed post to the office of Licensing Authority demanding written reasons for rejection as per Section 14(3) of Arms Act 1959 at the earliest. You will thus have evidence with you that the office of LA did not respond or whatever the matter is.

[ankur_ank007]

Dear Friends and Learned Members,

As you already know my AL was rejected by the LA, Gandhinagar, Gujarat, arbitrarily. However i wrote to the Hon'ble Chief Justice of India, Hon'ble Chief Justice of Gujarat, Prime Minister of India and CM of Gujarat over the subject.

The PS to the CM-Gujarat has written letter to the D.M. Gandhinagar to take the matter on priority basis and review the matter. I hope in a few days (or weeks, or months..... sigh... Indian Bureaucracy) I may get a chance of hearing again with LA.

Please share your valued feedback and advise......


Thanks and regards,
Ankur Srivastava

Added in 6 minutes 26 seconds:

I can understand the frustration and humiliation one goes through, especially when one is seeking nothing but justice in India. Unfortunately this is what "We the people of India" have made it the way the things are today. The saying silence of good men is more dangerous than the brutality of bad men is perfectly applicable. If I am recalling correctly, there is some time limit within which you will have to appeal unless there is some good reason for delay. Therefore may write a registered or speed post to the office of Licensing Authority demanding written reasons for rejection as per Section 14(3) of Arms Act 1959 at the earliest. You will thus have evidence with you that the office of LA did not respond or whatever the matter is.

Dear Sir,

Thanks a lot for your kind suggestions. Also, my apologies for my late response, I was quite occupied in recent days and hence did not get a chance to reciprocate.

I did as advised by you and some other learned members and received a letter from the office of the LA (Collector of Gandhinagar, Guj) stating the reason as Sec-14 of the Arms Act of India 1959, which is completely arbitrary.

I approached the Chief Justice of India and the Office of the CM- Gujarat, from where a letter to the LA has been sent to review the subject and to take appropriate action, I have been sent with a copy of that letter. It has been almost a month since that letter and there is no proper response. However I am in the regular follow up. Waiting to see what happens now.

Regards
Ankur

[goodboy_mentor]

I can understand the frustration and humiliation one goes through, especially when one is seeking nothing but justice in India. Unfortunately this is what "We the people of India" have made it the way the things are today. The saying silence of good men is more dangerous than the brutality of bad men is perfectly applicable. If I am recalling correctly, there is some time limit within which you will have to appeal unless there is some good reason for delay. Therefore may write a registered or speed post to the office of Licensing Authority demanding written reasons for rejection as per Section 14(3) of Arms Act 1959 at the earliest. You will thus have evidence with you that the office of LA did not respond or whatever the matter is.

Dear Sir,

Thanks a lot for your kind suggestions. Also, my apologies for my late response, I was quite occupied in recent days and hence did not get a chance to reciprocate.

I did as advised by you and some other learned members and received a letter from the office of the LA (Collector of Gandhinagar, Guj) stating the reason as Sec-14 of the Arms Act of India 1959, which is completely arbitrary.

I approached the Chief Justice of India and the Office of the CM- Gujarat, from where a letter to the LA has been sent to review the subject and to take appropriate action, I have been sent with a copy of that letter. It has been almost a month since that letter and there is no proper response. However I am in the regular follow up. Waiting to see what happens now.

Regards
Ankur

It is absolutely fine, please nothing to feel apologetic about late response. Yes let us see what happens next.

[patelketan455]

Dear Sir,...

It seems that you are very much eager to get firearm license, that's good...

Actually I am Ketan from Baroda and I had also applied for Fire Arm License..

Can you please give your contact no and mail I'd so that we can help each other...

I know one advocate who is dealing with Fire Arm Cases

Regards
Ketan

[4936708s]

Hi

A friend just received rejection letter from Jt. Secretary (Home) in Gandhinagar stating there was no apparent threat to life. It was applied under protection to life, as the applicant is a sub-editor of a local daily.
Some lawyer advised that the friend can re-apply afresh after 6 months. Is it so?
Curious to know how Mr. Ankur's plea went.. Meanwhile any pointers on Ahmedabad/Gandhinagar based lawyers who could assist would be great.

Tc.