Firearms deposit: HC clips SHOs role

[ajayplahane]

Dear friends,
This is where our forum is supposed to work. Let me tell u one thing very straight. Many experts of this subject have been avoiding the forum for this diversion from the aim with which this forum is formed.
Now, coming to the point, I was Deputy District Election Officer for my district for three years. I conducted last Loksabha and Vidhansabha elections in that capacity, apart from all the elections right from 1994 in different capacities. The fact is, there is no such order by the election commission. It is local administration's order, which needs to be defended. I had tried in the last elections, and the answer given was- this is an opportunity to inspect the weapons. And suttle fear is- who will take the risk, if anything goes wrong by a weapon holder.
for further detailed instructions of the commission, pl go to eci.gov.in- Compendium of instructions on conduct of elections-Volume-III, Part-B, Instruction no. 67, page no.129 and 130.
The authorities are supposed to follow these instructions, which will save all the licenseholders from depositing their weapons, except at the most tainted or criminal type lot of 0.5 or like % licence holders.
Pl give me feedback on this point, so that i can know if i am working on right track or not. next is what to do in such a case.
..........Ajay

[BJL]

Edit- Perhaps this deserves its own thread? Didn't mean to hijack the catapult conversation

That is very good to know Ajay,

to save everyone the trouble of looking up the instructions, I quote


INSTRUCTION SL. NO. 67
Election Commission Order No.464/96-L&O/PLN-I, dated 13.03.1996 addressed to
The Chief Secretary and Chief Electoral Officers of all States and Union Territories
Subject: General Election/Bye-Elections - restrictions on possession of arms during
elections

ORDER
In exercise of the powers conferred on the Commission under Article 324 of the
Constitution of India and all other powers enabling it in this behalf and in supersession of
all other instructions, the Commission hereby orders that the following instructions shall be
observed during all future elections:
1. Issue of licence for arms will be totally prohibited during the period commencing
with the date of announcement of elections. This ban will continue to be operative
till the completion of the election as notified.
2. The police should be directed to be vigilant and asked to start mopping up operations
of the areas infested with known goonda and other bad elements right from the
date of announcement of elections. During such mopping up operations special
attention should be paid to unearth and seize unlicensed arms and ammunition.
A very thorough search and seizure by the State Police of unlicensed arms and
places of indigenous manufacture of arms and ammunition shall be carried out and
persons involved shall be arrested. While unearthing and seizure of unlicensed
weapons is a normal ongoing responsibility of the police, it shall be vigorously
intensified during the election period. Inter-state and intra-State movements of
trucks and commercial vehicles shall be strictly checked with a view to preventing
smuggling of arms and ammunition and anti-social elements. Raids should be
carried out regularly and intensively on underground arms factories.
3. Immediately after the announcement of elections, District Magistrates shall
make a detailed and individual review and assessment (in accordance with the
prevalent State laws) of all licence holders so that licensed arms in those cases
where they consider it essential are impounded in order to ensure maintenance
of law and order so essential for ensuring free and fair elections. These arms
should be deposited with the district authorities. Among cases which may need to
be reviewed are the following:
1. persons released on bail,
2. persons having a history of criminal offences, and
3. persons previously involved in rioting at any time but especially during
the election period. (The above categories are only illustrative and not
exhaustive)
After such review, all such licence-holders who are identified, shall be directed to
deposit their arms with the District Administration during the period of one week
from the last date for withdrawal of candidatures.
5. The District Administration shall make fool-proof arrangements for keeping the
deposited fire arms in safe custody. Proper receipt must be given to the licence
holders depositing the fire arms. It shall be the bounden duty of the District
Administration to ensure that all fire arms deposited with the Administration are
returned to the licence holders immediately after one week after the declaration
of results.
6. Prohibitory orders under section 144 of the Criminal Procedure Code, 1973
shall be issued banning the carrying of licensed arms as soon as an election is
announced and should be effective till the declaration of results.
7. This ban shall, not be applicable to those communities who are entitled to display
weapons by long standing law, custom and usage. This shall, however, not prevent
the District Administration to impound weapons of any such persons of even such
communities if they are found to be indulging in violence or posing a threat to the
maintenance of law and order and peaceful conduct of elections. In these cases
also the fire arms shall remain impounded till one week after the declaration of
results.
8. Strict vigil shall be maintained by thorough checking of lorries, light vehicles
and all other vehicles from three days before the date of poll to ensure that no
undesirable elements or arms and ammunition are being transported into the
constituency from outside and to apprehend them if they are doing so. Such
checking of vehicles shall continue till the completion of the counting of votes and
the declaration of results. As and when such culprits are apprehended, the arms
and ammunition and vehicles concerned shall be confiscated.

----------

This raises the question however, that why aren't licenses revoked for people who are on bail, have a criminal record or are known threats in the first place?

[TenX]

...This raises the question however, that why aren't licenses revoked for people who are on bail, have a criminal record or are known threats in the first place?...

.... Very valid question indeed

[raj]

Nice points given by Mr. Aajay & BJL but this topic is being discussed in the Leagle Eagle Section.Please post your reply to relevant threads.
http://indiansforguns.com/viewtopic.php?f=4&t=1454

Regards
Raj

[BJL]

Good point.

[sunilssn]

NRAI members are exempted from deposit of weapons by order

-- Tue Mar 17, 2009 9:02 --

THERE IS REGISTERED CASE OF DEPOSITED WEAPON MISUSED BY ARMOURY PERSON FOR POACHING IN THANE AND BREAKING OF BUTT OF RIFLE DEPOSITED IN POLICE STATION. YOU CAN ASK FOR FREE POLICE ESCORT IF THEY ASK YOU TO DEPOSIT THE WEAPON ISSUED FOR SELF PROTECTION

[amk]

Ajay posted about his experience as a SDM concerning elections and gun deposits in another thread.

I quote the relevant law- incase you guys want it for reference as well.

ajayplahane said
..........Ajay

BJL wrote:

That is very good to know Ajay,

to save everyone the trouble of looking up the instructions, I quote


INSTRUCTION SL. NO. 67
Election Commission Order No.464/96-L&O/PLN-I, dated 13.03.1996 addressed to
The Chief Secretary and Chief Electoral Officers of all States and Union Territories
Subject: General Election/Bye-Elections - restrictions on possession of arms during
elections

ORDER
In exercise of the powers conferred on the Commission under Article 324 of the
Constitution of India and all other powers enabling it in this behalf and in supersession of
all other instructions, the Commission hereby orders that the following instructions shall be
observed during all future elections:
1. Issue of licence for arms will be totally prohibited during the period commencing
with the date of announcement of elections. This ban will continue to be operative
till the completion of the election as notified.

Does this mean that no new arms licenses will be issued once the elections are declared? This means almost a 3 month wait? Will pending applications be rejected or put in cold storage until after the results of the general elections?

AMK

[Olly]

I think this is exactly what it means...

[The Doc]

NRAI members are exempted from deposit of weapons by order

Sunil,

Can you post a link to this particular order. I'd like to keep a hard copy with me .

best,

RP.

[nagarifle]

in Diampur, the DC has given a notice to effect that all arms, licensed or otherwise are banned from all public places. and all gun shop are to shut down until after the election.

no mention of taking arms for deposit any where.

[amk]

So no rifle for me until after the results are declared

AMK

[BJL]

1. Issue of licence for arms will be totally prohibited during the period commencing
with the date of announcement of elections. This ban will continue to be operative
till the completion of the election as notified.


Does this mean that no new arms licenses will be issued once the elections are declared? This means almost a 3 month wait? Will pending applications be rejected or put in cold storage until after the results of the general elections?

AMK

I think it means a moratorium on the issuance of any licenses during that election period- so the wait should last as long as the election period. I'm not sure where the processing of paperwork would stand- maybe Ajay can shed light on that.

[Anand]

Hello,
I had initially wanted to challenge/take this to court. How ever on the advice of a good friend who is also a member here I decided that my method of doing the above with my firearms at home was not the best solution. My friend's advice was whether I go to court or which ever way I try to fight this, he said "go ahead and deposit the firearms first", then if and when I get a judgement in my /licensee's favour I could always collect them from the dealer.
The reason is, he said, he knew one time when an order was passed to immediately issue a non bailable warrant (NBW) against some one not obeying this rule . His logic is even if the force of law was not behind the rule, and even though the NBW may itself not be legal, I would first be arrested and then all my issues entertained, while if I complied and then filed a writ petition then no one could say I did'nt obey the law. So being a family man, I decided to use discretion than valour and deposited the arms.
The notice sent to me is attached,
Anand
http://i387.photobucket.com/albums/oo31 ... an0004.jpg

[BJL]

NRAI members are exempted from deposit of weapons by order

Sunil,

Can you post a link to this particular order. I'd like to keep a hard copy with me .

best,

RP.

Here you go Doc-
http://www.nrai.in/not1.pdf - it is on the NRAIs site. The order dates back to 1999.

[The Doc]

Thanks BJL.