Home Committee up in arms against MHA's new order!

[mundaire]

See the following article from today's Indian Express:

MHA overlooked us in arms licence policy: House panel
Raghvendra Rao
Posted: Thursday , May 06, 2010 at 0042 hrs
New Delhi

Having notified a revised policy on the grant of arms licences for individuals recently, the Ministry of Home Affairs finds itself on a sticky wicket with the Parliamentary Standing Committee on Home Affairs raising a red flag on the manner in which the ministry has pushed through the policy without waiting for its recommendations.

Even as the Standing Committee, headed by BJP’s Venkaiah Naidu, is examining the matter, some MPs are learnt to be planning to move a Privilege Motion in Parliament on the grounds that the revised policy has made changes in the provisions of the Arms Act 1959 and the Arms Rules 1962, without seeking the approval of the House.

The revised policy, issued on April 6, prescribes that no arms licence be granted without police verification and that the police authorities should be advised to send the police report within 45 days, failing which they will be liable for action.

Sources said some members of the Standing Committee have said that by putting up a draft policy on its website on December 21, 2009, seeking the comments of the public by January 6, 2010, the MHA had ignored the Committee. Advising the MHA to circulate copies of draft policy to its members, the Committee had asked the MHA not to finalise the policy till it had made its observations. “Before the Committee could give its views, the MHA has gone ahead and notified it. Even if this doesn’t mean contempt of Parliament, it is surely a matter of Parliamentary propriety,” a source said.

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[Olly]

I am glad it is started to show up in the press...

[amit888_2000]

wow, a gr8 start, ya hoo

[goodboy_mentor]

Very good news, at least M.P.s are realizing this. Hope they will soon realize that Arms Act itself is suffering from over delegation of powers that give unbridled powers to violate various fundamental rights of citizens. Time has come for Arms Act 1959 to become the decoration of dustbin and the Right to Keep and Bear Arms be declared a fundamental Right as promised by Congress to the people of India before independence.

[Roland]

The way to go.
Cheers!!!!

[dev]

Ahhh thank the lord...i thought we would be buying slingshots as concealed carry next.


Dev

[GAURAV SONDHI]

The bureaucrats of our country are famous for banning anything they have to work to control ,thereby increasing illegal activity under the particular ban so imposed. Then they try to push it thru in the parliament by excluding our parliamentarians from the ban,since it does not affect them,they will not pay attention to it.Our constitution guarantees equality to all citizens and it might be a good idea to move a motion in the courts on the basis of equality so when therights of all the parliamentarians also get affected then we would have them sit up and takenotice.

[goodboy_mentor]

A plan is already in motion by raimanmeet, a lawyer from Jodhpur specializing in Constitutional governance and litigation(Co-ordinated by mundaire & amit888_2000). Requesting everyone to update all their friends, relatives and as many people possible from all walks of life to render maximum help to make it a success. Please refer: http://indiansforguns.com/viewtopic.php ... 63&start=0

[winnie_the_pooh]

A plan is already in motion [/b]by raimanmeet, a lawyer from Jodhpur specializing in Constitutional governance and litigation(Co-ordinated by mundaire & amit888_2000). Requesting everyone to update all their friends, relatives and as many people possible from all walks of life to render maximum help to make it a success. Please refer: http://indiansforguns.com/viewtopic.php ... 63&start=0

This one


being hatched here

[sa_ali]

It seems that the delhi police is already implementing it when it come to the area validity. Till something like 3 months back, i had inquired for the increase in area validity and i was told that i can areas, where either i own a property or any ancestral property in name of my parents.

When i went to apply for the same in December, i was shown a notice, which clearly state that All india is for
1. central Govt officer
2. MP/MLA
3. Sportsman, Renowned shot.
4. Paramillitary/millitary

There is 1 more category.
Now as per this notice, you will get area validity, where either the licencee or wife/husband hold the property, no property in the name of parents or ancestors will be considered.

I have attached pic of the notice, i was able to take it quitly as i was turned down for the copy of the notice.

Also, i have noticed, senior age ppl holding All India license, they are being questioned more on the All India Permit they are holding and reason why.

[goodboy_mentor]

All this edifice of nonsense is going to continue until it is demolished by converting into a natural right, human right, fundamental right issue and confronted in Parliament and Courts. Came across related RTI issue created by these periodic illegal and confusing "guidelines" issued by MHA http://rti.india.gov.in/cic_decisions/C ... _45931.pdf

As per Constitution, the fundamental rights of the State and the citizens are equal. From which Article the State derives it's rights to arm its armed forces, paramilitary and police? Nothing but Article 21. This has been confirmed by one lawyer whose favorite subject is the Constitution at http://www.lawyersclubindia.com/experts ... 121096.asp If the rights of the State and the citizens are equal then the Right to Keep and Bear Arms is also a citizen's fundamental right guaranteed by the Constitution.

[sa_ali]

I tried understanding the given letter, what i could understand from it is that very clearly, Lt gov office and the Delhi police have illegally superseded Arms Act, 1962 and not give All india permit.

So can i put an RTI again the same and refer to this RTI which you have pointed too.

Forgive me for bad understanding of law, even though i belong to 5 generation of lawyers family, but i am odd one out

[goodboy_mentor]

So can i put an RTI again the same and refer to this RTI which you have pointed too.

a) What information are you seeking with help of RTI?
b) What do you want to do with that information?
c) If you want copy of MHA notification, it is already in public domain.

[sa_ali]

I want to understand that if the MHA circulation is not approved as law, then how come its implemented.

[goodboy_mentor]

MHA notification is an executive order, executive will implement it whether it is legal/illegal until the order is withdrawn or the courts declare it to be illegal. Since it is not law rather an illegal order, rarely will they give in writing that they are denying license or refusing increase of area validity because of the MHA notification. In most of the cases they will refuse to receive and acknowledge the application.

RTI Act 2005 is only for getting a "copy" of information, it is not for deciding, interrogating or judging about any information. Once the person has the copy of information, he may present that copy of information to court as evidence. If you want to use RTI for your advantage, you will have to ask questions in a clever and logical manner something like "Please provide me certified copy of all relevant information from applicable sections of law/bye law/notifications/any documents that have force of law for getting area validity of arms license increased."