Firearms deposit: HC clips SHOs role

danish21 · Post by **danish21** » Tue Mar 27, 2007 11:24 pm

Firearms deposit: HC clips SHOs role

R N Pandey
[ 27 Mar, 2007 TIMES NEWS NETWORK ]

ALLAHABAD: In an important verdict having far-reaching consequences, the Allahabad High Court on Monday ruled that district magistrates cannot direct station house officers (SHOs) to exercise their discretion in getting firearms deposited.

The court quashed an order of district magistrate, Allahabad, stating that SHOs cannot be delegated the authority to get deposit firearms. The order was passed by the court as licence-holders were forced to deposit firearms due to forthcoming Assembly elections in the state. Passing a detailed order, Justice Tarun Agarwala disposed of several petitions, quashing the order of the district magistrate issued on March 3, 2007.

The court issued mandamus to the state of UP through chief secretary and other state authorities, including SHOs of the state, not to force the petitioners and other licence-holders in the state to deposit their firearms unless a review and objective assessment is made in individual cases by the competent authority.

The court said: "If it is found by the competent authority that there is a chance of misuse of the weapon an appropriate order in writing is required to be passed for getting the firearms deposited. The order of the deposit of weapon made by the competent authority should be communicated in writing to licence-holders." The court also made it clear that this direction will apply not only in this election, but also in all elections.

The court directed its registry to immediately forward the copy of this order to the chief secretary of the state for necessary communication to authorities concerned.

This order was passed on a writ petition filed by Uma Kant Yadav and others, who were directed to deposit firearms by SHOs concerned on the direction of the DM. The petitioners contended in the court that no sweeping orders could be issued by the administration for depositing firearms during elections.

Risala · Post by **Risala** » Tue Mar 27, 2007 11:59 pm

Danish
Did you deposit your fire arm,or were you one of the crusaders.
UP has the max no of Licenced fire arms in India approx 8 Lakhs,where on earht do they have storage for them in any case.
Many a time folks deposit the weapns and find parts missing.
This law needs to be scrapped.
Best
Sanjay

Olly · Post by **Olly** » Wed Mar 28, 2007 3:19 pm

Danish,
Very thoughful of you to post this one...

If you could post (scan) the actual clipping of the newspaper where this was published, it would be very helpful, as Delhi is going to MCD polls on 5th Apr and the cops are doing the rounds of the gun-owners... It will be good for arguement sake, atleast.. !

danish21 · Post by **danish21** » Wed Mar 28, 2007 3:24 pm

Anupam

You can see this article in this link.
http://timesofindia.indiatimes.com/NEWS ... 813085.cms

But if you want then i'll scan and post the newspaper clipping for you.

Danish

Olly · Post by **Olly** » Thu Mar 29, 2007 11:42 am

Thank you Danish, for the effort. I will surely save myself with this... i've resisted them thus far !!! it is quite absurd to deposit the firearm, especially handguns issued for personal safety. Who takes the responsibility during the period when the gun is deposited in safe custody ? No answers...

PM for you...

Risala · Post by **Risala** » Thu Mar 29, 2007 1:53 pm

Anupam,
Am

,cause never in the last 16 plus yrs have had to experience that.
Is this a recent development for new licencees atleast in Delhi.
Become a member of NRAI,or request a army friend or relative to have it deposited in the unit armoury,
its abs safe there.
Best
Sanjay

raj · Post by **raj** » Sat Mar 07, 2009 8:03 am

Due to the lok sabha elections ,collector has ordered to deposit weapons to nearest gun-store or police station by 13/03/09 or else strict action would be taken against the person.they say it is due to "aachar sanhita".
Please tell me is it same in every state??
what do IFG members think about this???

Anand · Post by **Anand** » Sat Mar 07, 2009 4:16 pm

Hello,
"the Allahabad High Court on Monday ruled that district magistrates cannot direct station house officers (SHOs) to exercise their discretion in getting firearms deposited."

The focus, in this sentence, seems more on the powers delegated to SHO's with respect to deposit of Arms rather than the fact that, the act of asking Licensees by anyone (including the DM/Commissioner himself ) to deposit arms without specific reason is illegal/improper.

"The court issued mandamus to the state of UP through chief secretary and other state authorities, including SHOs of the state, not to force the petitioners and other licence-holders in the state to deposit their firearms unless a review and objective assessment is made in individual cases by the competent authority."

This is a more legalese than I can understand.....to me all legal stuff only throws up more questions than it answers.... Does it mean that even the commissioner cannot ask all licensees to deposit arms with out giving reasons and assessing individually each case or does he have the discretion to veto....
The reason I ask this is that, though its the SHO that sends the document asking for deposit of arms, it is titled as in "By order of the Commissioner of Police" or some such terminology.

It would help if the actual ruling was posted so as can be downloaded and printed to show the Police officials.
Thanks,
Anand

Anand · Post by **Anand** » Sat Mar 07, 2009 4:17 pm

Hello again,

http://unnao.nic.in/Circular/ARMS/17.PDF

Is this the order we are talking about? If so can any lawyer members interpret the order and give a brief explanation so us lesser non legalese speaking mortals can understand it? Also is this valid in all states or only in U.P.?

A good piece on this topic....
http://churumuri.wordpress.com/2008/05/ ... un-owners/
Regards,
Anand

nagarifle · Post by **nagarifle** » Sat Mar 07, 2009 5:18 pm

Anand wrote:Hello again,

http://unnao.nic.in/Circular/ARMS/17.PDF

Is this the order we are talking about? If so can any lawyer members interpret the order and give a brief explanation so us lesser non legalese speaking mortals can understand it? Also is this valid in all states or only in U.P.?

A good piece on this topic....
http://churumuri.wordpress.com/2008/05/ ... un-owners/
Regards,
Anand

if my understanding is right, this is state wise only, however it can be used in simmler cases to get same court order.

sudhaiob · Post by **sudhaiob** » Sun Mar 08, 2009 9:54 pm

will TN based IFGians show some light on the subject. i have been asked to deposit my weapon at the police station
regs
sudhaiob

raj · Post by **raj** » Mon Mar 09, 2009 9:23 am

hi evryone,

i m goimg to say bye-bye to my rifle for one month as i m going to deposit it today at the gun-shop.
feeling real bad today.i tried to get all this in newspapers but it didnt worked.

amk · Post by **amk** » Mon Mar 09, 2009 7:56 pm

The latest news from Mumbai is that issuance of TJPs in Mumbai has been halted.

AMK

Anand · Post by **Anand** » Thu Mar 12, 2009 2:50 pm

Good News for Licensees of Dakshina Kannada who need not deposit their firearms during these elections. http://www.hindu.com/2008/04/20/stories ... 830300.htm
Regards,
Anand

snIPer · Post by **snIPer** » Thu Mar 12, 2009 3:00 pm

Hey that sounds good. Wonder if it is applicable in Bangalore too.
/s/

Indians For Guns

Indians For Guns

Firearms deposit: HC clips SHOs role

Firearms deposit: HC clips SHOs role

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Re: Firearms' deposit: HC clips SHOs' role

?? everyone going to surrender their weapon??

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Re: Firearms' deposit: HC clips SHOs' role

Re: Firearms' deposit: HC clips SHOs' role

Re: Firearms' deposit: HC clips SHOs' role

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