Goodboy_mentor, panzernain, StampMaster, thomkola & all other IFG Members,
Hello!
Trust you and your family are safe and doing well.
I am copying below my proposed Review Petition to be filed with the Appellate Authority here in Kerala with a request to spend a few minutes over it to see if you have any suggestions: Regards, Karan
From:
xxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxx
To:
The Land Revenue Commissioner
Public Office Building
Museum Road
Vikhas Bhavan P.O
Thiruvananthapuram-695033
Regarding: Appeal for Review of the District Magistrate’s (Alappuzha) Decision Turning Down My Application for A Fresh Arms Licence File
Ref: xxxxxx
Reference: Letter dated xxxxxxxxxx (received on xxxxx) from the Collectorate, xxxxxx
Safety First: “Accidents happen in Unsafe Conditions” and “Crimes get perpetrated in Vulnerable Situations”
Honourable Commissioner,
This request of mine for a review of the District Magistrate’s decision rejecting my application for a Fresh Arms Licence may kindly be considered for a favourable decision in view of the following factors:
Reasons Cited for Rejection (The Police Report):
1) The area where he stays is calm and quiet; there are no antisocial activities reported from there.
The above statement is FALSE! The Police had failed to take cognizance of the murder of xxxxxxxx xxxxxxx, 47, in a rape attempt at xxxxxxxxxxxxxxxx. A newspaper clipping is enclosed as evidence (Exhibit-1)
2) If “HE” gets an Arms Licence, it will ruin the equilibrium of peace in that area.
This is a defamatory statement made as if I were a criminal or had shown the propensity to commit crimes! And I take strong exception to it. The Inspector SHO, Kareelakulangara Police Station, who signed the report, could be sued under Section 499 of the Indian Penal Code for Defamation.
Section 499 of “The Indian Penal Code” 499 Defamation reads:
Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.
I had attached a One Page KYC to my application. Reading it could have averted such a damaging statement. Here is a copy the KYC (Exhibit-2):
No Police have ever acted pre-emptively to avert a crime in any neighbourhood; It Is The Neighbour Who Does So. Thus, A Gun In The ‘Right’ Hand Can Save Lives And Prevent Crimes In Every Neighbourhood.
The said defamatory statement prompts me to put a few words about me to the Appellate Authority:
About Me
• I may perhaps be the only person In a Million people to have issued a “Declaration of My Ethics and Values” on my Social Media account ten years ago! (https://www.facebook.com/xxxxxxxxxx.details). I consider myself a Global Citizen even before being an Indian and I maintain some of the best professional values, personal ethics and Code of Conduct.
• The Profession in my Passport is INVESTOR (Exhibit-3) and my business was to provide Corporate Consultancy Services in Human Resource to Client Organizations in identifying “C-Level Executives” by evaluating their Professional Competencies.
The DM’s impugned Order is in conflict with the following provisions of the Law:
A) Sections (13) and (14) of The Arms Act 1959 passed by the Parliament in this regard which alone regulate the granting or refusal of Arms Licences. (Exhibit- )
B) Section 14 of the Arms Act - Refusal of licences:
Comments:
(1) I am not prohibited by the Arms Act 1959 or by any other Law in force for the time being.
(2) I am not a person of ‘Unsound Mind’. My application included a Medical Certificate issued by a Psychiatrist certifying me to be of Sound Mind.
(3) The Magisterial Order refusing to issue a Licence has found no reason why I am “unfit” for a Licence under the Act 1959.
(4) The Police/the Magisterial Order could not validate that I am a “threat to the security of the public” or “to public safety”.
(5) The reasons cited by the DM, who went by the Police Report, in his Letter of Refusal, do not conform to the Provisions of the Arms Act.
C) Article 21 of the Constitution of India endowing every Citizen the Right to protect his Life and Properties.
The scores of Court Orders pronouncing that, unless prohibited by the Arms Act 1959, every law-abiding citizen has the right to acquire an Arms Licence under the Non-Prohibited Category which I had applied for. Included in the (Exhibit- ) are copies of a few Court Orders.
Relevant Observations:
(a) Various courts have repeatedly pronounced it that arms licences should be issued to every citizen unless the applicant has criminal background or shown the propensity to commit crimes (a few judgments are enclosed as Exhibit--.
(b) The Police could have done a minimum Risk/Vulnerability Analysis and reported to the DM in order to assist Him his decision-making process so that He may an appropriate decision in the light of the governing laws, instead of being detrimental to my legal rights.
(c) In order to ensure that no weapon reaches the wrong hands, the objective and scope of the enquiry undertaken by the DM through the Police should have been to investigate whether the person applying for an arms licence has any criminal background, or shown the propensity to commit crimes.
(d) Now, given the fact that there are no reports against me, the DM could have taken a favourable decision in view of the circumstances explained; but unfortunately, He relied solely on a biased opinion by the Police designed to vitiate the legal rights of a law-abiding citizen.
Why I Consider the DM’s Decision Prejudiced
(e) In order for the District Magistrate to conduct ‘specific transactions’ as outlined in the Arms Rules 2016, the Arms Act 1959 gives Him certain discretionary powers; and all those powers conferred upon the DM for allowing or disallowing a licence to an applicant flows from the relevant law itself and cannot transgress the ambit of the specific law in this respect.
(f) Regrettably, the DM appears to exercise his own assumptions based perhaps on the notion that if every law-abiding citizen had the legal right to own a firearm, it would amount to proliferation of arms and endanger the law and order situation, a tenet widely (and wrongly) held in the corridors of power in India. If it were the case, the Second Amendment to the Constitution of the United States of America incorporating the Right to Keep and Bear Arms as a Fundamental Right of its citizens would not have been enacted! The Crime Graph provided by the FBI tells the actual story:
The United States of America has been witnessing a steady decline in crimes ever since 1990.
(The below is a graph showing a steady decline in the rates of Crime in the United States of America.)
https://www.statista.com/statistics/191 ... ince-1990/
Published by Statista Research Department, Sep 29, 2021
(g) The Patna High Court in the case of Ganesh Chandra Bhatt vs. the District Magistrate of Almora had also ruled out this possibility Exhibit--. If it were the case, the very purpose and objective of enacting so important an Act as the Arms Act 1959 would be rendered meaningless!
(h) The legitimate objective of the Due Diligence undertaken by the DM’s office is to ensure that no weapon reaches the wrong hands, the failure of which alone could possibly vitiate the law and order situation in the area where the licence is issued.
The Police could have brought to the attention of the DM the following factors if the DM had instead conducted a Vulnerability/Risk Analysis:
Circumstances that lead to the Application for an Arms Licence:
1) There was a murder in our neighbourhood, which the Police had failed to take cognizance of (Exhibit-1)
2) We are a childless, aged couple staying alone, and criminals are known to target aged couples staying alone because they are highly vulnerable to them..
3) Crimes in 2020 had spiked by 28% as reported by NCRB in 2020 (Exhibit-7) and Kerala is one of the top 5 States in crimes.
4) The house, on which we pay the so-called luxury tax in advance, is surrounded by roads on three sides, which exposes us to further risks.
5) An audio conversation in which a Carpenter was promised money to break the curved windowpanes of my house is enclosed (Exhibit-6).
6) I am aged 61 and have been suffering from Diabetes for over 29 years (Exhibit-5) Neuropathy has set in for which too I am taking medication. I cannot put up enough resistance in case of an unlawful aggression with the intent either to loot us or rape my wife or both, which are commonplace all over India. Jalaja was murdered in a rape attempt.
7) More than 150 migrant workers from West Bengal, Assam, Bihar and elsewhere had worked at different stages on the construction of my house, built at a cost of over ten million rupees (Exhibit-8) and there is no guarantee that a few of them would not turn up in a gang and attack us in a bid to loot.
Having built a house at so huge a spending, it is only wise that I should install a Lightning Arrestor. Obtaining a gun licence is a pre-emptive measure exactly as installing a Lightning Arrestor because I cannot afford rogue elements to tumble in a trice a life built with agonizing pains over a period of 60 years.Imminent Threat
9) Sir, we should not be expected to taste Potassium Cyanide to prove it a dangerous substance. We should not be expected to come off scratch-free in a brutal criminal attack that we may prove the existence of a grave or imminent threat before a licence can be issued. No criminal ever forewarns his victims. The Crime News, Kuttapathram, Crime Files etc., aired at 10.30 p.m. every night alone should suffice for a responsible citizen to act pre-emptively.
10) Notwithstanding, the Police had been reported about a deliberate attempt to murder me and the circumstances that lead to the attempt by being run over by a vehicle. (Exhibit-9). Reporting such cases to the Police often bolsters vengeance.
Social Perceptions:
Sir, I cannot change people’s perceptions of me. I cannot stop the rain from pouring. I can only hold an umbrella. Here is why:
11) One of the Police personnel at Kareelakulangara Station had dubbed me as a Millionaire in Distress (although I am not rich as the local perceptions go – which unfortunately is a by-product of the design of my house surrounded by roads on three sides) as he came to know that I was seeking an arms licence.
12) My Father-in-Law had overheard a discussion at a nearby teashop in which they were making guesses about my net worth!
13) Because of a Doctor’s perception of me he (Dr. Rajan, the then Gynaecologist of Kottayam Medical College) had demanded rupees 4,000/- for a 2 minute consultation, which my wife had forced me to pay up,
14) Kerala is the State where a person was murdered for garlanding the statue of Dr. Abdul Kalam!
15) Again, Kerala is the State where superstition had lead a person to set on fire two vehicles of his neighbour simply because he believed that his neighbour was responsible for his financial backwardness!
Legal & Constitutional:
16) While the Constitution of India says that “No person shall be deprived of his life except as per procedures established by the law”, 29,193 people were murdered in 2020 as per NCRB statistics.
The State could not act pre-emptively to save those lives. No Police are ever known to act pre-emptively.
17) As the Police cannot stand guard of every household and every citizen while crimes keep escalating, the better choice for the State is to allow every law-abiding citizen applying for arms licence to grant it that they may take control of their lives while the State feels condescend with IPC 302, IPC338, IPC398 etc, if at all misuse of the licence is reported.
Is An Illegal Weapon My Choice?
18) Life is the most precious thing on Earth that must be preserved at all costs, whether a licensed gun or unlicensed, especially when living in a country where nothing can be ruled out and where I am ordained to live the rest of my life.
19) There is an urgent need for fulfilling my security concerns, having lived in far more secure societies for over two decades. And being a law-abiding citizen myself, I cannot afford criminals to inflict grievous wounds or injuries to my person or cause death.
20) Thus, in fulfilling this compelling requirement, the State should stand by my side and not force a law-abiding citizen to opt for a 10 year jail term for possessing an illegal firearm to a brutal death at the hands of a criminal. With utmost humility to the Appellate Authority, I submit these lines that I believe capture the essence of my concern.
21) What foolish person would ever want to shoot with a licensed firearm? The Kothamangalam Manasa shooting incident is an example. Again, acquiring a gun is as easy as going to UP, Bihar or Delhi for which one must be a criminal. While criminals acquire weapons, law-abiding citizens seek licences. I have been scouting for a licence for more than a year now!
What man is rash enough to take the gleaming crest-jewel from a snake?
Who, after all, would seek the shade by some rogue elephant’s body made?
22) More than 150,000 people are killed in vehicle accidents every year all over India and yet vehicle licences are being issued as against a total of 337 deaths involving the Arms Act 1959 in 2020, I fail to understand the logic behind the reluctance on the part of the State to respect my legal rights by issuing me an arms licence.
Constitutional:
A. My own observations of the Law (I am not a Law Graduate, though)
23) A five member Constitutional Bench of the Supreme Court of India had in March 2018 held while upholding Passive Euthanasia that:
“The Right to die with dignity” is an inalienable part of the “Right to Life” guaranteed by “the Fundamental Rights” under Article 21 of the Constitution of India”
The Supreme Court had further ruled that “the right of the individual to die with dignity takes precedence over the interest of the State in preserving the sanctity of life”, adding that “the sanctity of life” has two basic connects: namely (1) to live life with dignity and (2) “to die with dignity” which have to do with the autonomy of the individual and the right to self-determination”.
Essentially and inevitably, “the Right to Life” takes precedence over the “Right to die”, both of which are inalienable rights guaranteed under Article 21 of the Constitution that can be exercised by an individual and enforceable against the State.
Now, that being the statute that I can choose to die a dignified death without sufferings under my inalienable right, conversely I can “self-determine” to “Live a dignified life”, Preserve, Promote and Secure it, instead of living in constant fear and anxiety of being killed” as crimes keep spiralling all over India.
In the layman’s language, the State has no right to restrain me as I exercise and enjoy these rights, except that the Parliament has the competence to regulate these rights for compelling State interest (hence the Arms Act 1959).
Living in fear is not a dignified life, as observed by the Constitutional Bench of the Supreme Court, and in exercise of my inalienable right to a dignified life, I can choose to bear arms in my person to ward off threats or likely harm in order that I may continue to live with dignity, exactly as I choose to die a dignified death without undergoing pain or sufferings.
B. Excerpts from the Judgment issued by the Patna High Court – (Exhibit-9)
(By the former Supreme Court Judge of India, M.Katju, who served as Chairman of the Press Council of India):
(In the case of Ganesh Chandra Bhatt vs. District Magistrate of Almora as early as 12 March, 1993):
Full Version: https://indiankanoon.org/doc/1434833/
Drugs fuelling Crimes
24) Cannabis and other narcotic drugs are being smuggled into Kerala not in Kilograms but in Tonnes each day and consumed. It is only commonsense to be pre-emptive to secure our lives and our hard-earned properties.
Licensed Guns Contain Crimes in India:
25) I have been closely monitoring the statistics of crimes in India, as published by the National Crime Records Bureau for several years; and I had conducted a detailed Study and Analysis as early as 30th Jan 2018 found that “licensed guns plays a pivotal role in controlling crimes in India”. This finding was forwarded to the then District Magistrate of Alappuzha of which a copy is enclosed (Exhibit-9).
The Choice Available to me as a Law-abiding Citizen
26) Sir, what does the State expect me to do, except to arm myself, when the State cannot guarantee any of the following?
• That my wife or I will not be murdered,
• That my wife or I will not be kidnapped for a ransom,
• That my wife will not be raped,
• That my house or my properties, including the two premium vehicles, will not be robbed or set on fire,
• That in the event of any of the above taking place compensation for damages will be paid.
Prayers:
• License for a .22 bore pistol/revolver may kindly be granted with a conditional one year All India Permit in view of the below:
• Having wound up my Company, xxxxxxxxxxxx Global Private Limited, then projected to be “one of the top 50 start-ups to watch out for”, due to the global pandemic and due also to my advancing age, made worse by my clinical conditions, we are keenly interested in exploring the Incredible India, the only way
to spend the fag end of our lives enjoyably. Places of interest are the Ramoji Filim City (the largest film city in the world spread over 1666 acres), the Taj Mahal, the Golden Temple, Nainital, Ajenta/Ellora Caves, various Forts in Rajasthan etc., among other places.
Since all these places are known to be troublesome for women, we need a trustworthy companion to take care of our security in the unlikely event of an unlawful aggression, and hence I pray for a licence.
It costs an effort still to carry stones uphill,
They tumble in a trice; so life sans security!
The quality of mercy is not strained,
It droppeth as the gentle rain from heaven-
Upon the hearts beneath; it is twice blest:
It blesseth him that gives and him that takes.
When mercy seasons justice!
Therefore, Oh Lord, grant us our liberty!
Solemn Promise/Undertaking
I promise that I shall not bring any dishonour to anyone involved in the licensing procedure by a reckless act on my part when a licence is granted me.
Respectfully yours,
Sd/-
Name XXXXXXXXXXXXX
Cell: 00000000000
https://www.facebook.com/xxxxxxxxxxxxxx
