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Criminal Case No Bar for Licence!

Discussions on the Right to Keep and Bear Arms.
pkaran
Posts: 19
Joined: Thu Jun 02, 2016 8:55 pm

Criminal Case No Bar for Licence!

Postby pkaran » Sat Mar 17, 2018 7:00 pm

I came across the following article published by the TOI that the Kerala HC has ruled that a criminal case in the name of an applicant should not bar him from obtaining a gun licence. Here is it:

Mahir Haneef| TNN | Updated: Jul 17, 2015, 21:09 IST

KOCHI: Licence or renewal of arms licence cannot be denied only for the reason that a criminal case exists in the name of the applicant, the Kerala high court has held.

Before denying licence, it should be ascertained that the licensee holding the arms would affect the security of the society, justice AV Ramakrishna Pillai held after considering a petition filed by Jos Kuttiyadi.

The gun in possession of the petitioner had a licence since 1970 but renewal of licence was recently rejected citing the reason that there is a suspicion that he is involved in smuggling marijuana. Holding that renewal can only be rejected if there is a threat to the security of the society, the court pointed out that though the petitioner had a gun in his possession since 1970, there is no complaint of its misuse.



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Gunner_dh
Posts: 158
Joined: Mon Dec 18, 2017 4:52 pm
Location: Kolkata

Re: Criminal Case No Bar for Licence!

Postby Gunner_dh » Mon Mar 19, 2018 12:48 pm

The decision does seem to be logical however we should also flip the other side of the coin. Narcotics is a serious allegation. If the aforesaid person is involved in narcotics ideally there would be no complaint regarding brandishing of weapon. I don't support the reason for rejection however the licence should be withheld unless the case is being disposed or dire need is percieved.

Regards
dh



pran80
Posts: 81
Joined: Sun Mar 01, 2009 7:21 pm
Location: Allahabad

Re: Criminal Case No Bar for Licence!

Postby pran80 » Mon Mar 19, 2018 1:55 pm

DH,
Doesnt our constitution says that you are presumed innocent unless proven guilty? Why should the licence be withheld or the person needs to prove dire need? The very logic is against the concept of justice.
If police has a reason to believe that he is involved in narcotics trade then let them prove it in the courts of law.
Regards,
Pranjal



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Gunner_dh
Posts: 158
Joined: Mon Dec 18, 2017 4:52 pm
Location: Kolkata

Re: Criminal Case No Bar for Licence!

Postby Gunner_dh » Mon Mar 19, 2018 3:13 pm

Hi Pranjal,

I have already mentioned the decision made is logical however at times it is required to see the both sides of the coin.

Regards
dh




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