HC for extension of firearms licences’ term

[eljefe]

HC for extension of firearms licences’ term
Saurabh Malik
Tribune News Service
Chandigarh, March 9

Firing a salvo at the Centre for its “myopic approach” towards the issuance of arms licenses, the Punjab and Haryana High Court has ruled the tactics have not only rendered law-abiding civilians “helpless”, but has also made the job of terrorists easy. Targeting the prevailing system of getting the licence renewed after every three years, the high court has also called for an end to it.

Recommending the extension of the licence’s term to 10 years, Justice Mohinder Pal has asserted: I would suggest the department concerned of the Union government may take necessary steps in this regard.

The assertion came on a criminal revision filed by a convict, Zile Singh, against the state of Haryana. He was sentenced to rigorous imprisonment for a year after being held guilty for changing the date of expiry on the arms licence from December 31, 1980, to December 31, 1990.

Maintaining the conviction, but reducing the sentence to period already undergone by 77-year-old Zile Singh, Justice Mohinder Pal asserted: I feel constrained to observe that India’s domestic policy on small arms and light weapons, regulated under the Arms Act 1959, and the Arms Rules 1962, is basically the extension of the policy under the Arms Act and the Arms Rules of 1878 passed during the British regime.

“The sole purpose of this Act was to prohibit Indians to acquire the firearms so as to neutralise any possible threat of a fresh armed mutiny from the Indian freedom fighters. The intelligentsia of that time had condemned the Arms Act of 1878 as blackest.

“Unfortunately, till now, after more than 62 years of Independence, instead of making the Arms Act and the Arms Rules citizen friendly, the policy makers in the government kept on making the policies in such a way so as to make it toughest for the law abiding citizens to legally acquire and keep the arms.

“In fact, this myopic approach has not only rendered civilians helpless for their personal defence, but also indirectly made the job of the criminals - anti-social elements, terrorists easy. The free flow of illegal firearms and their use against the civilians. Military, law enforcement agencies, state police remained unchecked….

“The law should be such as may repose confidence in the armed citizens that they are presumed to be responsible in using arms to defend themselves…. One such measure would be to amend the Arms Act and Arms Rules suitably to prescribe that the arms licenses are required to be renewed after every 10 years.”

http://www.tribuneindia.com/2010/20100310/nation.htm#6

[nagarifle]

now that make s more sense at last someone made the right judgement.

[vkjalan]

I really wish I could get a copy of this judgment I could coax the local news paper guys to publish the same in the news papers. Can anything be done in this regard ?

[nagarifle]

http://www.tribuneindia.com/2010/20100310/nation.htm#6

-- Wed Mar 10, 2010 17:45 --

http://lobis.nic.in/phhc/

[Anand]

Justice Mohinder Pal, thats the kind of people we need, people who say what they mean & mean what they say and are on the side of the public. Thanks for the information, its been a while since I smiled
Anand

[jashwantsinh]

Good News,

Good move particularly in the direction of RKBA. This was, if fact, needed since long back. nicely raised with convenienceing arguments.

Hope good luck to we all.

Jashwantsinh.

[farhan.lateefi]

This is the kind of people we need.

[goodboy_mentor]

Definitely a sensible judgment. I have been expressing similar views time and again in various posts. Please refer http://indiansforguns.com/viewtopic.php ... 13&start=1 and the links therein. I feel we need to get hold of some lawyer who is pro gun himself and interested to take up the case.

[tingriman]

“The sole purpose of this Act was to prohibit Indians to acquire the firearms so as to neutralise any possible threat of a fresh armed mutiny from the Indian freedom fighters. The intelligentsia of that time had condemned the Arms Act of 1878 as blackest.

“Unfortunately, till now, after more than 62 years of Independence, instead of making the Arms Act and the Arms Rules citizen friendly, the policy makers in the government kept on making the policies in such a way so as to make it toughest for the law abiding citizens to legally acquire and keep the arms.

“In fact, this myopic approach has not only rendered civilians helpless for their personal defence, but also indirectly made the job of the criminals - anti-social elements, terrorists easy. The free flow of illegal firearms and their use against the civilians. Military, law enforcement agencies, state police remained unchecked….

I am happy, my words are repated ......may see my article ------

Indian National- A Subject or a Citizen ---- published in merinews-- see http://indiansforguns.com/viewtopic.php?f=3&t=8402 ------------

This fear and ignorance is natural in the wake of vague Arms Act that we still have in place even after 63 years of Independence. The Arms Act of 1962 is basically the extension of the Arms Act of 1878 (II of 1878) passed during the reign of Lord Lytton, aftermath of the failed mutiny of 1857. The sole purpose of Act was to prohibit Indians to acquire fire arms so as to neutralize any possible threat of a fresh armed mutiny from Indian freedom fighters. The intelligentsia of that time including the father of nation Sh. M. K. Gandhi had condemned the Arms Act of 1878 as blackest------------------Unfortunately, instead of making the Act citizen friendly, the policy makers in Government kept on making policies in such a way so as to make it toughest for law abiding citizens to legally acquire, keep and bear the arms. In fact, this myopic approach has not only rendered civilians helpless for their personal defence but also indirectly made the job of criminals/anti-social elements/ terrorists easy. Moreover, all these policies of Government totally failed to curb the ways the anti-socials elements/criminals/terrorists get their supply of sophisticated illegal weaponry---------------------

cheers,
tingriman

[ravi.sharma]

At last some sense is prevailing for RKBA, People like this at right positions can make a big difference and the time has come when they need to. Desperately waiting for some news on NAGRI, so that people like this can be brought to the board to make the difference.

GBM, I have read all your post and the issues you have raised are to the mark, though the problem is to get the right lawyer, as you are aware we have tried it in past but to no success, as i have mentioned above, we will have to wait for NAGRI or some group to be formed to take the right initiative, though i would again like to mention that i seriously get motivated looking at your single handed efforts to point the right and wrongs in the LAW and what points can help us to fight the cause. Hats off to your endless efforts for this thankless Job.

Tingriman: Man i am fan of your and Vikrams article, though can't see much comming in from you guys off late. If the time permits please keep them coming.


Ravi.