PIL against Gun import restriction in EXIM policy

[eternalme]

Hi,

This thread is for discussing aspects we need to look at, for filing a PIL against Gun import restrictions in EXIM policy.

Members who want to contribute towards this topic please re-post their comments in this thread,From here on the action body might select major points and work a draft for the same.


Regards

-- Sun Mar 01, 2009 18:04 --

Below is a previous post by goodboy_mentor, quoted here as reference.

This is exactly I am thinking. IFG/GFI has to take the lead.

Data available till date with Crime Records Bureau under Home Ministry can be collected using RTI, as to what percentage of violent crimes(including terrorism) have been committed by "licensed" firearms AND what percentage of violent crimes(including terrorism) have been committed using "unlicensed" firearms/arms not required "licensing".

On basis of above data PIL can be filed to remove import restrictions/easing licensing norms.

The legal procedures to lift the Np arms from the Negative list of Exim Policy, I can think of, is to file a PIL for below mentioned 4 reasons:

1)Arms License holders as consumers are not getting option to purchase weapon of their own choice.

2)IOF has no competition leading to poor quality weapons & exorbitant prices for consumers.

3)Government loosing revenue which could be earned by way of custom duty.

4)Import restriction serves no purpose as majority of violent crimes are committed by "illegal" firearms and not by legally owned firearms. (This has to be substantiated from data available till date, obtained from Crime Records Bureau under Home Ministry using RTI, as to what percentage of violent crimes(including terrorism) have been committed by "licensed" firearms AND what percentage of violent crimes(including terrorism) have been committed using "unlicensed" firearms/arms not required "licensing".)

I am willing to join others in the forum interested in filling PIL against this "license" raj & import restrictions.

[amk]

Don't forget to use Shahid's post from another thread (KF vs Imported ammo) wherein he quotes an IOF official's reply.

I'm available to help if needed, monetarily & arranging for senior counsels, legal points, etc.

AMK

[orieng]

To file the PIL there needs to be someone who will have to sign the application. If a individual files the he might not be entertained by the courts citing various reasons. However if the IFG or GFI files the PIL there is a good chance that the High Court will admit the PIL. Will the members please discuss and decide under which banner to file the case. Once the decision is made I will try to file the case at the Guwahati High Court if everybody agrees. members please give your decision ..fast

[amk]

If you're filing a PIL in Guwahati do some research on the bench that will be hearing it. Previous judgments, pro state, balanced or they like to pull up the state, etc. Are they inherently antis or not. A good lawyer/counsel should be knowing these facts.

AMK

[rcdoma]

That's a very good point AMK!

[orieng]

maybe the members can suggest a more receptive bench

[sitar]

what does Sidhu ji suggest.

[mundaire]

Allow me to make this as clear as I can - IFG is NOT a legal entity, it is merely a website - a forum which allows us to interact transcending diverse geographies. So, IFG will NOT be entering into any litigation, for the simple reason that it has no locus standi as either an aggrieved party OR as a legal representative of a collective!

GFI on the other hand is a registered non-profit organisation which will be taking up various issues related to gun ownership in India. I will reserve my other comments for the GFI volunteers only section here, as this pertains to discussions on GFI's strategic direction and tactical choices.

Cheers!
Abhijeet

[sitar]

all in good time....

[orieng]

One more thing that I would like to mention is that the appeal cannot be a PIL. It has to be a ordinary suit challenging the ban. And to acheive our goals we need a banner of a organisation.

[sitar]

banner is gfi

if some of you have not goined gfi , i would personally request all to please join gfi.
pil or ga or whatever will be discussed by gfi team however i cant give any suggestions regarding law!

[amk]

Sorry, it had slipped my mind. Just couriered my application form and cheque now.

AMK

[orieng]

Let the GFI hold a meeting and decide on the matter of challenging the ban. Once the decision is made the rest of the matter can be taken care of.

[ai]

If you're filing a PIL in Guwahati do some research on the bench that will be hearing it. Previous judgments, pro state, balanced or they like to pull up the state, etc. Are they inherently antis or not. A good lawyer/counsel should be knowing these facts.

AMK

Delhi High Court would be the appropriate court to entertain a suit of this nature. Im no lawyer, just a litigant in a PIL. IMO, this would need to be a PIL. The GOI will need to be the respondent. The prayers will aim to benefit all citizens of India. Hence the correct and most convinient court/jurisdiction will be Delhi High Court.

I could suggest a good lawyer, who incidentally has a keen interest in guns, and is handling PILs of this nature, including mine.

[orieng]

Ai,
Delhi is the best place to approach the court. However according to a lawyer friend of mine " PIL" is a public interest petition and we may have to prove what is the public interest before the petition is admitted. A lot will depend on the bench judge on the day it comes up for hearing whther it is admitted or not. However if we file a petition though a association there is a better chance that the courts will admit it. lets do something soon intead of just discussing it on and on.
If you look back you will see that the year the EXIM ban was imposed was '84 when India's economy was in a bad shape and there was a severe foreign exchange shortage. However our economy has improved and we just need to remind the government that the policy needs to be revised. I feel just a nudge from the courts may be what the government needs since we do not have big shot politicians to lobby on our behalf.

What do you and the members say? lets do it