MY REVISION PETITION

A posts related to self defence/ home defence. Please post anything related to legal aspects in the 'Legal Eagle' section.
pkaran
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MY REVISION PETITION

Post by pkaran » Sun Nov 07, 2021 3:40 pm

To:

Goodboy_mentor, panzernain, StampMaster, thomkola & all other IFG Members,

Hello!
Trust you and your family are safe and doing well.

I am copying below my proposed Review Petition to be filed with the Appellate Authority here in Kerala with a request to spend a few minutes over it to see if you have any suggestions: Regards, Karan

From:

xxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxx

To:

The Land Revenue Commissioner
Public Office Building
Museum Road
Vikhas Bhavan P.O
Thiruvananthapuram-695033


Regarding: Appeal for Review of the District Magistrate’s (Alappuzha) Decision Turning Down My Application for A Fresh Arms Licence File
Ref: xxxxxx

Reference: Letter dated xxxxxxxxxx (received on xxxxx) from the Collectorate, xxxxxx

Safety First: “Accidents happen in Unsafe Conditions” and “Crimes get perpetrated in Vulnerable Situations”

Honourable Commissioner,

This request of mine for a review of the District Magistrate’s decision rejecting my application for a Fresh Arms Licence may kindly be considered for a favourable decision in view of the following factors:

Reasons Cited for Rejection (The Police Report):

1) The area where he stays is calm and quiet; there are no antisocial activities reported from there.

The above statement is FALSE! The Police had failed to take cognizance of the murder of xxxxxxxx xxxxxxx, 47, in a rape attempt at xxxxxxxxxxxxxxxx. A newspaper clipping is enclosed as evidence (Exhibit-1)

2) If “HE” gets an Arms Licence, it will ruin the equilibrium of peace in that area.

This is a defamatory statement made as if I were a criminal or had shown the propensity to commit crimes! And I take strong exception to it. The Inspector SHO, Kareelakulangara Police Station, who signed the report, could be sued under Section 499 of the Indian Penal Code for Defamation.

Section 499 of “The Indian Penal Code” 499 Defamation reads:

Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.

I had attached a One Page KYC to my application. Reading it could have averted such a damaging statement. Here is a copy the KYC (Exhibit-2):

No Police have ever acted pre-emptively to avert a crime in any neighbourhood; It Is The Neighbour Who Does So. Thus, A Gun In The ‘Right’ Hand Can Save Lives And Prevent Crimes In Every Neighbourhood.

The said defamatory statement prompts me to put a few words about me to the Appellate Authority:

About Me

• I may perhaps be the only person In a Million people to have issued a “Declaration of My Ethics and Values” on my Social Media account ten years ago! (https://www.facebook.com/xxxxxxxxxx.details). I consider myself a Global Citizen even before being an Indian and I maintain some of the best professional values, personal ethics and Code of Conduct.

• The Profession in my Passport is INVESTOR (Exhibit-3) and my business was to provide Corporate Consultancy Services in Human Resource to Client Organizations in identifying “C-Level Executives” by evaluating their Professional Competencies.

The DM’s impugned Order is in conflict with the following provisions of the Law:

A) Sections (13) and (14) of The Arms Act 1959 passed by the Parliament in this regard which alone regulate the granting or refusal of Arms Licences. (Exhibit- )

B) Section 14 of the Arms Act - Refusal of licences:

Comments:

(1) I am not prohibited by the Arms Act 1959 or by any other Law in force for the time being.
(2) I am not a person of ‘Unsound Mind’. My application included a Medical Certificate issued by a Psychiatrist certifying me to be of Sound Mind.
(3) The Magisterial Order refusing to issue a Licence has found no reason why I am “unfit” for a Licence under the Act 1959.
(4) The Police/the Magisterial Order could not validate that I am a “threat to the security of the public” or “to public safety”.
(5) The reasons cited by the DM, who went by the Police Report, in his Letter of Refusal, do not conform to the Provisions of the Arms Act.

C) Article 21 of the Constitution of India endowing every Citizen the Right to protect his Life and Properties.

The scores of Court Orders pronouncing that, unless prohibited by the Arms Act 1959, every law-abiding citizen has the right to acquire an Arms Licence under the Non-Prohibited Category which I had applied for. Included in the (Exhibit- ) are copies of a few Court Orders.

Relevant Observations:

(a) Various courts have repeatedly pronounced it that arms licences should be issued to every citizen unless the applicant has criminal background or shown the propensity to commit crimes (a few judgments are enclosed as Exhibit--.

(b) The Police could have done a minimum Risk/Vulnerability Analysis and reported to the DM in order to assist Him his decision-making process so that He may an appropriate decision in the light of the governing laws, instead of being detrimental to my legal rights.

(c) In order to ensure that no weapon reaches the wrong hands, the objective and scope of the enquiry undertaken by the DM through the Police should have been to investigate whether the person applying for an arms licence has any criminal background, or shown the propensity to commit crimes.

(d) Now, given the fact that there are no reports against me, the DM could have taken a favourable decision in view of the circumstances explained; but unfortunately, He relied solely on a biased opinion by the Police designed to vitiate the legal rights of a law-abiding citizen.

Why I Consider the DM’s Decision Prejudiced

(e) In order for the District Magistrate to conduct ‘specific transactions’ as outlined in the Arms Rules 2016, the Arms Act 1959 gives Him certain discretionary powers; and all those powers conferred upon the DM for allowing or disallowing a licence to an applicant flows from the relevant law itself and cannot transgress the ambit of the specific law in this respect.

(f) Regrettably, the DM appears to exercise his own assumptions based perhaps on the notion that if every law-abiding citizen had the legal right to own a firearm, it would amount to proliferation of arms and endanger the law and order situation, a tenet widely (and wrongly) held in the corridors of power in India. If it were the case, the Second Amendment to the Constitution of the United States of America incorporating the Right to Keep and Bear Arms as a Fundamental Right of its citizens would not have been enacted! The Crime Graph provided by the FBI tells the actual story:

The United States of America has been witnessing a steady decline in crimes ever since 1990.
(The below is a graph showing a steady decline in the rates of Crime in the United States of America.)
https://www.statista.com/statistics/191 ... ince-1990/
Published by Statista Research Department, Sep 29, 2021

(g) The Patna High Court in the case of Ganesh Chandra Bhatt vs. the District Magistrate of Almora had also ruled out this possibility Exhibit--. If it were the case, the very purpose and objective of enacting so important an Act as the Arms Act 1959 would be rendered meaningless!

(h) The legitimate objective of the Due Diligence undertaken by the DM’s office is to ensure that no weapon reaches the wrong hands, the failure of which alone could possibly vitiate the law and order situation in the area where the licence is issued.

The Police could have brought to the attention of the DM the following factors if the DM had instead conducted a Vulnerability/Risk Analysis:

Circumstances that lead to the Application for an Arms Licence:

1) There was a murder in our neighbourhood, which the Police had failed to take cognizance of (Exhibit-1)
2) We are a childless, aged couple staying alone, and criminals are known to target aged couples staying alone because they are highly vulnerable to them..
3) Crimes in 2020 had spiked by 28% as reported by NCRB in 2020 (Exhibit-7) and Kerala is one of the top 5 States in crimes.
4) The house, on which we pay the so-called luxury tax in advance, is surrounded by roads on three sides, which exposes us to further risks.
5) An audio conversation in which a Carpenter was promised money to break the curved windowpanes of my house is enclosed (Exhibit-6).
6) I am aged 61 and have been suffering from Diabetes for over 29 years (Exhibit-5) Neuropathy has set in for which too I am taking medication. I cannot put up enough resistance in case of an unlawful aggression with the intent either to loot us or rape my wife or both, which are commonplace all over India. Jalaja was murdered in a rape attempt.

7) More than 150 migrant workers from West Bengal, Assam, Bihar and elsewhere had worked at different stages on the construction of my house, built at a cost of over ten million rupees (Exhibit-8) and there is no guarantee that a few of them would not turn up in a gang and attack us in a bid to loot.

8) Having built a house at so huge a spending, it is only wise that I should install a Lightning Arrestor. Obtaining a gun licence is a pre-emptive measure exactly as installing a Lightning Arrestor because I cannot afford rogue elements to tumble in a trice a life built with agonizing pains over a period of 60 years.

Imminent Threat

9) Sir, we should not be expected to taste Potassium Cyanide to prove it a dangerous substance. We should not be expected to come off scratch-free in a brutal criminal attack that we may prove the existence of a grave or imminent threat before a licence can be issued. No criminal ever forewarns his victims. The Crime News, Kuttapathram, Crime Files etc., aired at 10.30 p.m. every night alone should suffice for a responsible citizen to act pre-emptively.


10) Notwithstanding, the Police had been reported about a deliberate attempt to murder me and the circumstances that lead to the attempt by being run over by a vehicle. (Exhibit-9). Reporting such cases to the Police often bolsters vengeance.

Social Perceptions:

Sir, I cannot change people’s perceptions of me. I cannot stop the rain from pouring. I can only hold an umbrella. Here is why:

11) One of the Police personnel at Kareelakulangara Station had dubbed me as a Millionaire in Distress (although I am not rich as the local perceptions go – which unfortunately is a by-product of the design of my house surrounded by roads on three sides) as he came to know that I was seeking an arms licence.

12) My Father-in-Law had overheard a discussion at a nearby teashop in which they were making guesses about my net worth!

13) Because of a Doctor’s perception of me he (Dr. Rajan, the then Gynaecologist of Kottayam Medical College) had demanded rupees 4,000/- for a 2 minute consultation, which my wife had forced me to pay up,

14) Kerala is the State where a person was murdered for garlanding the statue of Dr. Abdul Kalam!

15) Again, Kerala is the State where superstition had lead a person to set on fire two vehicles of his neighbour simply because he believed that his neighbour was responsible for his financial backwardness!

Legal & Constitutional:

16) While the Constitution of India says that “No person shall be deprived of his life except as per procedures established by the law”, 29,193 people were murdered in 2020 as per NCRB statistics.

The State could not act pre-emptively to save those lives. No Police are ever known to act pre-emptively.

17) As the Police cannot stand guard of every household and every citizen while crimes keep escalating, the better choice for the State is to allow every law-abiding citizen applying for arms licence to grant it that they may take control of their lives while the State feels condescend with IPC 302, IPC338, IPC398 etc, if at all misuse of the licence is reported.

Is An Illegal Weapon My Choice?

18) Life is the most precious thing on Earth that must be preserved at all costs, whether a licensed gun or unlicensed, especially when living in a country where nothing can be ruled out and where I am ordained to live the rest of my life.

19) There is an urgent need for fulfilling my security concerns, having lived in far more secure societies for over two decades. And being a law-abiding citizen myself, I cannot afford criminals to inflict grievous wounds or injuries to my person or cause death.

20) Thus, in fulfilling this compelling requirement, the State should stand by my side and not force a law-abiding citizen to opt for a 10 year jail term for possessing an illegal firearm to a brutal death at the hands of a criminal. With utmost humility to the Appellate Authority, I submit these lines that I believe capture the essence of my concern.

21) What foolish person would ever want to shoot with a licensed firearm? The Kothamangalam Manasa shooting incident is an example. Again, acquiring a gun is as easy as going to UP, Bihar or Delhi for which one must be a criminal. While criminals acquire weapons, law-abiding citizens seek licences. I have been scouting for a licence for more than a year now!

What man is rash enough to take the gleaming crest-jewel from a snake?
Who, after all, would seek the shade by some rogue elephant’s body made?

22) More than 150,000 people are killed in vehicle accidents every year all over India and yet vehicle licences are being issued as against a total of 337 deaths involving the Arms Act 1959 in 2020, I fail to understand the logic behind the reluctance on the part of the State to respect my legal rights by issuing me an arms licence.

Constitutional:

A. My own observations of the Law (I am not a Law Graduate, though)

23) A five member Constitutional Bench of the Supreme Court of India had in March 2018 held while upholding Passive Euthanasia that:
“The Right to die with dignity” is an inalienable part of the “Right to Life” guaranteed by “the Fundamental Rights” under Article 21 of the Constitution of India”

The Supreme Court had further ruled that “the right of the individual to die with dignity takes precedence over the interest of the State in preserving the sanctity of life”, adding that “the sanctity of life” has two basic connects: namely (1) to live life with dignity and (2) “to die with dignity” which have to do with the autonomy of the individual and the right to self-determination”.
Essentially and inevitably, “the Right to Life” takes precedence over the “Right to die”, both of which are inalienable rights guaranteed under Article 21 of the Constitution that can be exercised by an individual and enforceable against the State.

Now, that being the statute that I can choose to die a dignified death without sufferings under my inalienable right, conversely I can “self-determine” to “Live a dignified life”, Preserve, Promote and Secure it, instead of living in constant fear and anxiety of being killed” as crimes keep spiralling all over India.

In the layman’s language, the State has no right to restrain me as I exercise and enjoy these rights, except that the Parliament has the competence to regulate these rights for compelling State interest (hence the Arms Act 1959).

Living in fear is not a dignified life, as observed by the Constitutional Bench of the Supreme Court, and in exercise of my inalienable right to a dignified life, I can choose to bear arms in my person to ward off threats or likely harm in order that I may continue to live with dignity, exactly as I choose to die a dignified death without undergoing pain or sufferings.

B. Excerpts from the Judgment issued by the Patna High Court – (Exhibit-9)
(By the former Supreme Court Judge of India, M.Katju, who served as Chairman of the Press Council of India):
(In the case of Ganesh Chandra Bhatt vs. District Magistrate of Almora as early as 12 March, 1993):
Full Version: https://indiankanoon.org/doc/1434833/

Drugs fuelling Crimes

24) Cannabis and other narcotic drugs are being smuggled into Kerala not in Kilograms but in Tonnes each day and consumed. It is only commonsense to be pre-emptive to secure our lives and our hard-earned properties.
Licensed Guns Contain Crimes in India:

25) I have been closely monitoring the statistics of crimes in India, as published by the National Crime Records Bureau for several years; and I had conducted a detailed Study and Analysis as early as 30th Jan 2018 found that “licensed guns plays a pivotal role in controlling crimes in India”. This finding was forwarded to the then District Magistrate of Alappuzha of which a copy is enclosed (Exhibit-9).

The Choice Available to me as a Law-abiding Citizen

26) Sir, what does the State expect me to do, except to arm myself, when the State cannot guarantee any of the following?

• That my wife or I will not be murdered,
• That my wife or I will not be kidnapped for a ransom,
• That my wife will not be raped,
• That my house or my properties, including the two premium vehicles, will not be robbed or set on fire,
• That in the event of any of the above taking place compensation for damages will be paid.

Prayers:

• License for a .22 bore pistol/revolver may kindly be granted with a conditional one year All India Permit in view of the below:
• Having wound up my Company, xxxxxxxxxxxx Global Private Limited, then projected to be “one of the top 50 start-ups to watch out for”, due to the global pandemic and due also to my advancing age, made worse by my clinical conditions, we are keenly interested in exploring the Incredible India, the only way

to spend the fag end of our lives enjoyably. Places of interest are the Ramoji Filim City (the largest film city in the world spread over 1666 acres), the Taj Mahal, the Golden Temple, Nainital, Ajenta/Ellora Caves, various Forts in Rajasthan etc., among other places.

Since all these places are known to be troublesome for women, we need a trustworthy companion to take care of our security in the unlikely event of an unlawful aggression, and hence I pray for a licence.

It costs an effort still to carry stones uphill,
They tumble in a trice; so life sans security!
The quality of mercy is not strained,
It droppeth as the gentle rain from heaven-
Upon the hearts beneath; it is twice blest:
It blesseth him that gives and him that takes.
When mercy seasons justice!
Therefore, Oh Lord, grant us our liberty!

Solemn Promise/Undertaking

I promise that I shall not bring any dishonour to anyone involved in the licensing procedure by a reckless act on my part when a licence is granted me.

Respectfully yours,


Sd/-

Name XXXXXXXXXXXXX
Cell: 00000000000
https://www.facebook.com/xxxxxxxxxxxxxx
Last edited by pkaran on Thu Sep 01, 2022 8:16 pm, edited 1 time in total.

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Woods
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Re: MY REVIEW PETITION

Post by Woods » Sun Nov 07, 2021 6:06 pm

It's blatantly clear that this petition is not a product of some sound professional advice :lol:

I suspected on the quality of water of my own area only that it imparted certain qualities by its prolonged use but to my surprise in Kerala too people grow wiser quite disproportionately with their age .

Allow me to comment further in the thread .
Great men are not born great , they grow great .

pran80
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Re: MY REVIEW PETITION

Post by pran80 » Sun Nov 07, 2021 8:20 pm

@pkaran,
I tried reading the full text you posted here but I just could not force myself to finish the whole thing. If you are going to submit the same to a Civil Servant and believe that he will actually read it in entirety then you are sadly mistaken. Here is how it works - you appear before the authority to make your case, the reader/personal assistance to the officer just highlights the relevant portions of a petition for the said officer to understand the situation, they might give you a minute or two to present your case and that's it.
I and other members on this forum asked you to engage a lawyer but looks like you have decided to fight it out yourself. All the best to you and may your petition be considered favorably.
I still am of the view that engaging a lawyer would have been better but it's your prerogative and I fully support you in your fight.
Regards,
Pranjal Tripathi

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Re: MY REVIEW PETITION

Post by StampMaster » Mon Nov 08, 2021 1:07 am

I suggest to consult a good advocate and file a writ. Instead of taking a long shot, which most probably in my experience will turn out to be a dud.

Good luck with your endeavor. Post your experience here. Cheers
”Criminals love gun control; it makes their jobs safer.”

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Vikram
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Re: MY REVIEW PETITION

Post by Vikram » Mon Nov 08, 2021 2:40 am

Pkaran,

I am afraid the members above have it right. It is as much about procedures as about the soundness of your arguments. A good lawyer will cover both aspects. By focusing only on the soundness of your position you are robbing yourself of the advantages a good lawyer can provide. Ours is a bureaucrats' paradise, which has its own rules. I am sorry to be blunt but this is how it is, in my view. All the best.
It ain’t over ’til it’s over! "Rocky,Rocky,Rocky....."

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Woods
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Re: MY REVIEW PETITION

Post by Woods » Mon Nov 08, 2021 9:46 am

PKaran ji , Truly with all due respect 🙏

This petition may be taken as a case study on how not to apply or pursue a gun license application . It will be a constructive discussion for members who wish to own a gun .

The commissioner is going to reject the petition on following grounds :lol:

He claims to be a " global citizen " who does not consider himself to be  much of an indian , has quite a disdain for law enforcement agencies and alleges almost complete collapse of democratic system in the country . Not a sign of logical thinking ab initio .

Aged more than 60 , diabetic for around three decades and  even suffering from neuropathy now but wishes to do peacekeeping in the neighbourhood with his gun . He also Wishes to prevent crimes with his gun .

He suffers from fears that his old wife aged ##  may get raped - this indicates him being the  person who will shoot at shadows or weird noises in the dark and kill some random guy .

He even suspects that few of the workers who constructed his house ( that may be referred to as Taj - Mahal for fun's sake ) may turn up to be robbers and harm him .

Wishes to go on roaming in the entire country with his gun and wishes to shoot in self defense while he has no prior experience either of travelling to disturbed areas or carrying a gun  . Remember his age and illness here too .

He has a temperament of getting disturbed by people talking about his wealth- and how did he come to know about this talk ??  - his father in law overheard the converstion at a tea stall !!!!. Haha . It also implies that he comes from a family background that whatever wealth he may have come to possess family members still frequent local tea shops .


He says to sue police officers for not submitting favourable report regarding his gun license application whilst police has not even claimed anything personal against him .

Kinda guy who believes a carpenter was being hired to brake a window  pane at his house . Maybe people are entertaining themselves by giving him these intelligence reports .

Has plenty of money , wishes to acquire top tier gun license ( all india validity )  but does not pay a penny and even refuses to engage a lawyer .

The guy claims to be some sort of "wiser than thou" guy because he  has been hiring employees for some trading companies and  he  is so knowledgeable that titles a "revision" petition as a  petition for review. 

You can very well arrange above enumerated reasons under various titles like - Psychological fitness : , Temperamental attributes: Soundness of reason : Physical fitness: etc

Respected members may please further enumerate reasons of refusal . I have shown the grounds on the basis of the petition itself not considering the submissions of other party .

Sir , I know of a guy who has exactly the same thought process as you . He is my father's elder brother . He lives in Bangalore.  He was Engineering consultant in some of the biggest projects around the world . Earned a lot of money , owns a big corner house at RT Nagar Bangalore and suffers from exactly the same physical and mental oddities . He drives a Maruti Omni .  I always wonder how does it happen . And by the way he is such a  miser that he can still drag his luggage for quite a distance in his seventies but not hire a coolie . I can PM his particulars if  you ever wish to be friends with him .

Do not be angered by what's being said here . Your anger doesn't change anything at all buddy .
Great men are not born great , they grow great .

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Re: MY REVIEW PETITION

Post by KDS991213 » Mon Nov 08, 2021 9:24 pm

Woods wrote:
Mon Nov 08, 2021 9:46 am
PKaran ji , Truly with all due respect 🙏

This petition may be taken as a case study on how not to apply or pursue a gun license application . It will be a constructive discussion for members who wish to own a gun .

The commissioner is going to reject the petition on following grounds :lol:

He claims to be a " global citizen " who does not consider himself to be  much of an indian , has quite a disdain for law enforcement agencies and alleges almost complete collapse of democratic system in the country . Not a sign of logical thinking ab initio .

Aged more than 60 , diabetic for around three decades and  even suffering from neuropathy now but wishes to do peacekeeping in the neighbourhood with his gun . He also Wishes to prevent crimes with his gun .

He suffers from fears that his old wife aged ##  may get raped - this indicates him being the  person who will shoot at shadows or weird noises in the dark and kill some random guy .

He even suspects that few of the workers who constructed his house ( that may be referred to as Taj - Mahal for fun's sake ) may turn up to be robbers and harm him .

Wishes to go on roaming in the entire country with his gun and wishes to shoot in self defense while he has no prior experience either of travelling to disturbed areas or carrying a gun  . Remember his age and illness here too .

He has a temperament of getting disturbed by people talking about his wealth- and how did he come to know about this talk ??  - his father in law overheard the converstion at a tea stall !!!!. Haha . It also implies that he comes from a family background that whatever wealth he may have come to possess family members still frequent local tea shops .


He says to sue police officers for not submitting favourable report regarding his gun license application whilst police has not even claimed anything personal against him .

Kinda guy who believes a carpenter was being hired to brake a window  pane at his house . Maybe people are entertaining themselves by giving him these intelligence reports .

Has plenty of money , wishes to acquire top tier gun license ( all india validity )  but does not pay a penny and even refuses to engage a lawyer .

The guy claims to be some sort of "wiser than thou" guy because he  has been hiring employees for some trading companies and  he  is so knowledgeable that titles a "revision" petition as a  petition for review. 

You can very well arrange above enumerated reasons under various titles like - Psychological fitness : , Temperamental attributes: Soundness of reason : Physical fitness: etc

Respected members may please further enumerate reasons of refusal . I have shown the grounds on the basis of the petition itself not considering the submissions of other party .

Sir , I know of a guy who has exactly the same thought process as you . He is my father's elder brother . He lives in Bangalore.  He was Engineering consultant in some of the biggest projects around the world . Earned a lot of money , owns a big corner house at RT Nagar Bangalore and suffers from exactly the same physical and mental oddities . He drives a Maruti Omni .  I always wonder how does it happen . And by the way he is such a  miser that he can still drag his luggage for quite a distance in his seventies but not hire a coolie . I can PM his particulars if  you ever wish to be friends with him .

Do not be angered by what's being said here . Your anger doesn't change anything at all buddy .
Are you an advocate?

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Re: MY REVIEW PETITION

Post by Woods » Tue Nov 09, 2021 9:04 am

KDS991213 wrote:
Mon Nov 08, 2021 9:24 pm
Woods wrote:
Mon Nov 08, 2021 9:46 am
PKaran ji , Truly with all due respect 🙏

This petition may be taken as a case study on how not to apply or pursue a gun license application . It will be a constructive discussion for members who wish to own a gun .

The commissioner is going to reject the petition on following grounds :lol:

.
.
.
Your anger doesn't change anything at all buddy .
Are you an advocate?
I am currently studying law . I have been in Government 's service for 12 years till September 2020 . A little but I know how those Babus work .
Great men are not born great , they grow great .

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Re: MY REVIEW PETITION

Post by Pran » Tue Nov 09, 2021 1:01 pm

You need to file an Appeal u/s 18 of Arms Act. I will share a format here for your convenience.


BEFORE THE ADDITIONAL CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE
ARMS APPEAL NO. /2021
Between,
XYZ Appellant

And
ABC Respondent

APPEAL UNDER SECTION 18 OF THE ARMS ACT ,1959

The Appellant above named humbly submits as follows-
1. That the address of the Appellant for the purpose of issue of Court summons, notices, etc., from the Hon'ble Court is as per the cause title above and they may also be served through her counsel XXXX.
2. That the address of the Respondent for the similar purpose is as per the above cause title.
3. The Appellant submits that the Appellant is a sole proprietorship firm having office at the aforementioned address and is in the business of sale of shooting accessories.
4. The Appellant submits that the Appellant applied for a license in Form VIII A for air weapon dealers at the aforementioned shop address with the Respondent on 30/09/2020. The copy of the said application is herewith attached as Annexure A for the kind perusal of this Hon’ble Court.
5. The Appellant submits that the Respondent sought a report from the XXXPolice Station wherein the premises of the Appellant is situated. The Appellant was summoned to Kothanur Police Station wherein the Appellant submitted copies of Appellant’s experience letters, sketch of the business premises indicating the presence of CCTV cameras, locked cabinets, steel door, access control system in accordance with Rule 73 of the Arms Rules, 2016. The floor plan and photos of the said facilities are herewith attached as Annexure B for the kind perusal of this Hon’ble Court.
6. The Appellant submits that the Police Inspector, XXX Police Station forwarded the Police Verification report to the office of Assistant Commissioner Police, Sampigehalli.
7. XXXXXXX
13. The Appellant submits that aggrieved by the refusal on the part of the Respondent to issue license to the Appellant in Form VIII for sale of air weapons, the Appellant has filed the present appeal.

GROUNDS
14. The Appellant submits that the reasons quoted by the Respondent for the rejection are false, perverse and opposed to the principles of Natural Justice in addition to being in violation of the Arms Act, 1959 and Arms Rules, 2016.
15. The Appellant submits that the Police Personnel acting under the Respondent have failed to submit the Police Report within a period of 30 days from the date of receipt of the application as specified by Rule 14 of the Arms Rules, 2016.
16. The Appellant also submits that the Respondent has failed to abide by the time limit for grant/refusal of license specified in Rule 13 of the Arms Rules, 2016.
17. The Appellant further submits that the reason quoted by the Respondent for refusal of the license is false and baseless. The Recitals with respect to Prohibition of sublease and Sale of Arms in the lease deed is a figment of imagination arrived at with malafide intention. This is crystal clear from the copy of the Lease Deed produced in Annexure K.
XXX.
19. The Appellant submits that the acts and omissions of the Respondent have caused great financial damage to the Appellant.
20. The Appellant submits that the Appellant has not filed any other case with respect to the present cause of action seeking the same reliefs.
21. The Appellant submits that the Appellant has paid the requisite fee of Rs. 1000/- to institute the present appeal.
PRAYER
This Hon’ble Court may be pleased to –
i. Set aside the impugned order of refusal of license to the Appellant dated 17/07/2021.
ii. Direct the Respondent to issue license to the Appellant in Form VIII A for sale of air weapons.
iii. XXXX
iv. Grant any other relief that this Court may deem fit as per the facts of the case.

Advocate for Appellant Appellant
VERIFICATION

I, XXXXX the sole proprietor of ABC state that what is stated in the above paras 1 – 21 is true and correct to the best of my knowledge and belief.


Appellant
Place: Bangalore

Date: 02/08/2021


BEFORE THE ADDITIONAL CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE
ARMS APPEAL NO. /2021
Between,
XYZ Appellant

AND

The Commissioner of Police Respondent

VERIFYING AFFIDAVIT
I,XXXXXX state on oath as follows –
1. I am the appellant in this face I know the facts of this case hence am swearing this affidavit.
2. I state that the contents of the memorandum of appeal is made under my instructions.


What is stated above is true and correct to the best of my knowledge and belief.



DEPONENT

Identified by me


Advocate

Place : Bangalore

Date : 02/08/2021






BEFORE THE ADDITIONAL CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE
ARMS APPEAL NO. /2021
Between,
XYZ Appellant

AND
ABC Respondent
INDEX

Sl Description Pages
1.



2.


3.


4.


Memorandum of Appeal U/s 18 of Arms Act,1959


Verifying Affidavit


List of Documents along with Documents


Vakalathnama



Advocate for Appellant
Place: Bangalore

Date: 02/08/2021














BEFORE THE ADDITIONAL CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE
ARMS APPEAL NO. /2021
Between,
XYZ Appellant

AND

ABC Respondent
LIST OF DOCUMENTS
Sl Document Description Pages


ANNEXURE A: Copy of application dated 30/09/2020

ANNEXURE B: Floor Plan and photos of the safe storage space and other facilities

ANNEXURE C: Copy of Complaint dated 21/01/2021 to the Respondent

ANNEXURE D: Copy of Complaint dated 28/01/2021 to the DCP, North East

ANNEXURE E: Copy of Police Notice

ANNEXURE F: Copy of Evidence Affidavit

ANNEXURE G: No Objection in the form of Affidavit by the Appellant’s Landlord

ANNEXURE H: Copy of Acknowledgement of refusal of license issued by the Respondent

ANNEXURE J : Copy of the Registered Lease Deed



Advocate for Appellant
Place: Bangalore

Date: 02/08/2021
"A gun is a tool, Marian. No better, no worse than any other tool. An axe, a shovel, or anything. A gun is as good or as bad as the man using it."

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Pran
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Re: MY REVIEW PETITION

Post by Pran » Tue Nov 09, 2021 1:03 pm

I would have shared this earlier had you not bad mouthed advocates in your previous post.

Regards
Pran
"A gun is a tool, Marian. No better, no worse than any other tool. An axe, a shovel, or anything. A gun is as good or as bad as the man using it."

pkaran
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Re: MY REVIEW PETITION - COMPLETELY REVISED!

Post by pkaran » Thu Nov 18, 2021 12:02 pm

Hello Friends,

The commends posted by “timmy”, “pran80”,, “Ambi”, “pgupta”, and “vikram” have been noted with thanks while the suggestions of “Woods”, “StampMaster” and ”Pran” deserve a special mention. I am thankful particularly to “Pran” for sharing a copy of a revision petition based on which I have completely rewritten my petition, withholding altogether the one posted earlier that drew your criticism, which I have taken positively.

I am not an adamant person, nor do I maintain that I am completely in the right, for, if that had been the case, then the very purpose of posting it here for comments and suggestions would have been defeated. I know that a Pope and a Peasant are better than a Pope!

Learning is a continuous process. I have learned from Woods the difference between a Review Petition and a Revision Petition. Thanks, Woods!

Accompanied by my wife, I visited the Commissioner’s office yesterday and presented the file to a lady officer, who was extremely cordial. She spent almost half an hour with us and discussed the various related issues. As she promised us help and support deservedly she also suggested that I attend a rifle club (of which I am already a member) for three months minimum.

I am not hesitant to engage a lawyer. In fact, a fee has already been fixed with one, a Senior Lawyer, who has considerable experience in the area.

Here is the file finally submitted. Hope it receives the node of all my friends on IFG:

Once again, hats off to all of you bros!
..........................

BEFORE THE LAND REVENUE COMMISSIONER
XXXXXXXXXXXXX Building
XXXXXXXXXXXXX
XXXXX


APPEAL UNDER SECTION 18 OF THE ARMS ACT 1959

Between:

XXXXXXXXXXXXXXXX……………….. (Appellant)
XXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXX


And

The District Magistrate ………………… (Respondent)
XXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXX


SUBMISSIONS:

I, xxxxxxxxxxxxxxxxx, the above-named appellant, humbly submit as under:

(1) That, due to the situations I am placed and, as narrated under Grounds and Factual Situations below, I was compelled to apply for an arms licence under Schedule – III, Part II, in Form A-1 for individuals on 3rd November 2020 as per copy attached as Exhibit-I for the kind perusal of this Hon’ble Court:

(2) The Respondent in his letter Ref: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxto me, attached as Exhibit-2, has stated that he had sought reports from (a) the District Police Chief of xxxxxxxxxxxxxx, (b) the Divisional Forest Officer, xxxxxxxxxxxxxxand (c) from the Revenue Division Officer,xxxxxxxxxxxxx.

(3) The Respondent has in the said letter further stated that the Divisional Forest Officer, xxxxxxxxxxxxx, and the Revenue Division Officer, xxxxxxxxxxxxxxxx, had both consented to issuing a licence while the District Police Chief of xxxxxxxxxxxxxx had said that there was no situation that required the release of a licence.

(4) The Respondent has concluded that I could not justify my requirement in the personal hearing and thus decided that I was unqualified for a licence and passed the order, rejecting my application for a licence.

(5) At the outset, I am pained to submit before the Hon’ble Appellate that I was not afforded a proper hearing to present my case which lasted for less than two minutes during which the Respondent had made obvious remarks and attempts to subvert my rights (by asking such questions as “Whom do you want to shoot”? etc.,) and hastened to conclude my case.

GROUNDS AND FACTUAL SITUATIONS

Submitted below for the kind consideration of this Appellate Court are the grounds and factual situations that prompted me to apply for a licence:

(6) There was a cold-blooded murder attempt on my person. A copy of the Police Complaint and the Receipt issued by the Police Station are attached as Exhibit-3.

(7) There was a murder in my neighbourhood. xxxxxxxxxxxxxxxxxxxxx, was murdered in an attempt of rape. A Newspaper Clipping is enclosed as Exhibit-4.

(8) We are a childless, aged and defenceless couple staying alone, and criminals are known to target aged couples staying alone because they are highly vulnerable.

(9) I am a Member of the xxxxxxxxxxxxxxxxxx Rifle Association and I need to practice shooting. My Enrolment Form endorsed by my Police Station is attached as Exhibit-5.

(10) More than 150 migrant workers had worked on the construction of our house from West Bengal, Bihar, Assam and elsewhere and we are afraid that a few of them may turn up in gangs to attack us in a bid to loot.

(11) The luxury villa, built at a cost in excess of 10 million rupees and on which we pay tax in advance, is surrounded by roads on three sides, which further exposes us to risks.

(12) An audio clipping is enclosed as Exhibit-6 in which a carpenter confesses to being offered money for causing damage to my property. I own two premium vehicles.

(13) I am aged 61 and have been suffering from Diabetes for over 29 years and cannot resist unlawful aggression unless I am armed.

(14) Having wound up my Company,xxxxxxxxxxxxxxxxxxxxx Ltd., (Exhibit-7) due to the global pandemic and due also to my advancing age, we are keenly interested touring India. Places of interest are the Ramoji Filim City), the Taj Mahal, the Golden Temple, Nainital, Ajenta/Ellora Caves, various Forts in Rajasthan etc., among other places. Many cases of rape have been reported from almost all North Indian places. Hence we need a safety device for our security in the event of an unlawful aggression.

FURTHER SUBMISSIONS:

(15) The impugned order is in violation of Sections (13) and (14) of the Arms Act 1959 which alone regulate the granting or refusal of arms licences.

(16) It is further submitted that the impugned order is in violation of Article 21 of the Constitution of India which says that “No person shall be deprived of his life or personal liberty except according to the procedures established by the law” as well as the principles of Natural Justice.

(17) The Magisterial Order has not found any reason why I am “unfit” for a Licence under the Arms Act 1959. A mere statement that I “am unfit for a licence without substantiating it in the light of the relevant law” is designed to vitiate my legal position and thereby disqualify me from issuing a licence.

(18) The kind attention of the Appellate is drawn to the fact that no Police have ever acted pre-emptively to avert a crime in any neighbourhood; it is the neighbour who intervenes and averts untoward situations by timely interventions. Thus, a gun in the “right hand” can save lives and prevent crimes in every neighbourhood where a licensed gun is available.

(19) I submit that I am not prohibited by the Arms Act 1959 or by any other Law for the time being in force.

(20) I further testify that I am not a person of ‘Unsound Mind’. My application included a Medical Certificate issued by a Psychiatrist certifying me to be of Sound Mind.

(21) I humbly believe that I am one of the most deserving candidates and that the Arms Act 1959 was enacted by the Parliament with a view to keeping the safety and security of people like us.

(22) THE RESPONDENT’S LETTER HAS SPOTTED NOTHING AGAINST ME IN THE POLICE REPORT.

(23) The National Crime Reports Bureau reports that crimes in India have shot up by 28% (Exhibit-8).

(24) The Respondent has failed to take cognizance of the various court orders pronouncing that, unless prohibited by the Arms Act 1959, every law-abiding citizen has the right to acquire an Arms Licence under the Non-Prohibited Category which I had applied for.

(25) Instead of being detrimental to my legal rights, the Respondent, acting through the various agencies under him, such as the Police Department, could have done a minimum Risk/Vulnerability Analysis to aid him in his decision-making process in order that he may take the right decision in the light of the governing laws which unfortunately has not been done.

(26) The scope and objective of the enquiry conducted by the District Magistrate through the Police should have been, under the provisions of the law, to enquire and satisfy that the person applying for an arms licence has no criminal background or shown the propensity to commit crimes in order to ensure that no weapon reaches the wrong hands, the failure of which alone could possibly vitiate the law and order situation in the area where the licence is issued. And given the fact that no such findings have been reported by any of the investigating agencies, the Respondent could have taken a favourable decision in view of the grounds and factual situations explained above; but unfortunately an impugned order has been passed to the agony of a defenceless aged couple staying alone.

(27) I submit that I have not filed any other appeal, writ or review petition with regard to this case seeking any relief and that my appeal lies solely with the this Appellate Court.

(28) I submit that I have paid the requisite appeal fee of rupees 1000/- (one thousand only) into the relevant account with the Treasury of which a receipt is attached as Exhibit-9.

(29) I submit that I have paid an amount of rupees 100/-(one hundred only) as contribution to the Legal Benefit Fund.

(30) The Hon’ble Appellate may kindly observe from the above factual situations that the reasons cited by the Respondent are false, fabricated and do not conform to the provisions of the Arms Act 1959. They are designed to vitiate the legal rights of a law-abiding citizen in order not to grant me a licence.

(31) It is humbly submitted that security has become a matter of serious concern for us under the circumstances presented above and there is an urgent need to protect our lives and properties.

PRAYERS

(a) In all humility, it is prayed that the impugned order Ref: xxxxxxxxxxxxxxxxx kindly be set aside with an order to grant a licence for a pistol/revolver in the non-prohibited category.

(b) It is humbly prayed further that a CONDITIONAL ONE YEAR ALL INDIA VALIDITY may kindly be granted in view of the family travel contemplated as at (14) above.

(c) Grant of any other relief that this Court may deem appropriate as per the facts of the case.

VERIFICATION:

I, xxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxx, the appellant, do hereby state that the statements made herein above are true and correct to the best of my knowledge and belief.

(xxxxxxxxxxxxxxxxxxxxx)
Appellant

xxxxxxxxxxxxx
Date: xxxxxxxxxxxx

EXHIBITS:

Exhibit 1 Application in Form A-1 Schedule – III, Part II for individuals
Exhibit 2 Letter Ref xxxxxxxxxxxxxrejecting my application for licence
Exhibit 3 Attempt of Murder on my person – Police Complaint and Receipt
Exhibit 4 Murder of xxxxxxxxxxxx in our neighbourhood – Newspaper Clipping
Exhibit 5 Xxxxxxxxxxxxxxx Rifle Association Registration endorsed by the Police
Exhibit 6 Audio tape confessing promise of money to damage property
Exhibit 7 xxxxxxxxxxxxxxxxxP. Ltd – CIN Cancelled
Exhibit 8 NCRB Crime Statistics showing 28% spike in crimes
Exhibit 9 Appeal Fee & Contribution to Legal Benefit Fund
Exhibit 10 Our house surrounded by roads on three sides

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Vikram
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Re: MY REVIEW PETITION

Post by Vikram » Thu Nov 18, 2021 4:24 pm

Pkaran,

It is a pleasure to see people taking criticism and suggestions in their correct spirit and act on them. Glad to see that you have engaged a lawyer. All the best with your application.
It ain’t over ’til it’s over! "Rocky,Rocky,Rocky....."

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Re: MY REVIEW PETITION

Post by HKASHYAP » Fri Nov 19, 2021 7:21 pm

StampMaster wrote:
Mon Nov 08, 2021 1:07 am
I suggest to consult a good advocate and file a writ. Instead of taking a long shot, which most probably in my experience will turn out to be a dud.

Good luck with your endeavor. Post your experience here. Cheers
Filling writ petition will be appropriate...

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Woods
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Re: MY REVIEW PETITION

Post by Woods » Sun Nov 21, 2021 3:29 pm

It's not very clear what weapon do you want to acquire on a license. Also it's apparent that you are asking for a licence that enables you to carry the weapon in almost pan India territory so please confirm yourself weather such a license is within the jurisdiction of the DM to grant in your State . You may wish to acquire license for local territory ie the State and later ask for extension of area validity of the same . It may prove easier. To mention yourself sick in anyways is not going to gain sympathy for the grant of license .

Please also consider this - today when you do not have the gun , you are finding it quite embarrassing to convince other people to have a gun . It's not such a bad experience. On the other hand if you come to carry a gun and use it and wish to convince others by ranting it's going to be really painful for you .
Great men are not born great , they grow great .

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Re: MY REVIEW PETITION

Post by ckkalyan » Sat Nov 27, 2021 1:51 pm

Bravo - good going pkaran!

Best wishes and hope you receive your gun license soon.
When guns are outlawed, only outlaws will have guns!

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