arms surrender challanged in mumbai high court

[casual shooter]

14/4/09 times of india mumbai edition.
MUMBAI: As the elections near, the Maharashtra government has asked residents to deposit their licensed arms to the police. But three petitioners
have moved high court, challenging the state's stand, that too just a month before the poll.

The Bombay high court bench, headed by Justice Ranjana Desai, on Monday asked the state to furnish a detailed reply as well as records of criminal cases they are relying on. The state has been given time till Friday when the matter will be heard again with a strict warning from the judges that "no further time' ' will be granted.

The election commission, in 1996, issued guidelines clarifying that persons released on bail or those having a history of criminal offences or involved in rioting, especially during previous elections, may be asked to deposit their weapons.

Among the petitioners is a lawyer from Thane. Another petition has been filed by Govind Tilve from Sindhudurg who has held an arms licence since 1972 for a techniki bandook , which he uses to "protect his agricultural land'' .

On March 17, Tilve received a notice from the district magistrate , asking him to deposit the weapon by April 1. His counsel S R Chitnis argued that the state could not ask an authorised arms licence-holder to submit his weapon, especially as the district magistrate was not empowered to do so under the Arms Act. However, Usha Kejriwal, the public prosecutor, argued that the state's action was justified as the EC guidelines were being scrupulously followed.

Public prosecutor in one of the cases, Purnima Kantharia, said the petitioners could have brought their grievances before the review committee.

[snIPer]

By the time all these challenges are sorted out the elections will be over and the results declared

[Bruno22]

The election commission, in 1996, issued guidelines clarifying that persons released on bail or those having a history of criminal offences or involved in rioting, especially during previous elections, may be asked to deposit their weapons.

My simple question is how and why are these people still allowed to retain their licenses. Is it not a contradiction in terms? This is exactly what ails our system and does not let the country as a whole prosper.
B

[Olly]

14/4/09 times of india mumbai edition.
MUMBAI:
The Bombay high court bench, headed by Justice Ranjana Desai, on Monday asked the state to furnish a detailed reply as well as records of criminal cases they are relying on. The state has been given time till Friday when the matter will be heard again with a strict warning from the judges that "no further time' ' will be granted.

This can be re-interpreted to suggest that arms license holders who do not have any criminal cases registered against them, are permitted to hold their weapons during election time... as per the Allahabad court directions... ??

Good news, I believe...

Casual Shooter,
Thanks for posting the article... gives us food for thought and optimism...

[mundaire]

Bruno22, is right - the whole idea of a criminal background check is to prevent criminals from acquiring firearms... however if even the government is admitting that they have issued licenses to known offenders, then what is the background check for? Just to hassle regular law abiding folk like you and me... so the local pandu can fleece a few bucks out of us???!!!

It would be simpler (and cheaper for the government) to completely do away with this farce and remove licensing altogether - it would make things easier for decent folk, the criminals are obviously not being affected by the current system anyway...

[goodboy_mentor]

I fully agree with the view that present law is not affecting criminals, it is affecting law abiding citizens. Criminals & lunatics will ALWAY have access to firearms regardless of ANY, yes ANY law.