Filing a PIL in SC regarding self defense

Discussions on the Right to Keep and Bear Arms.
jayanta mukherjee
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Re: Filing a PIL in SC regarding self defense

Post by jayanta mukherjee » Sun Jul 12, 2009 12:36 am

WEll frineds,
sorry for the paucity of times of not being able to individually answer all the opinions being aired in the thread but would seriouly like to comment upon few things. Firstly guys do your homework right. Warthog there is no ground in the Indian Arms Act and its rules thereunder for applying for a licence under the self defence. I think what you meant to say is that it is " Self Protection", which is a valid and plasible ground of getting a licence. Secondly if you are going to file a PIL before the Hon'ble Supreme Court you would be doing so under ARticle 32 of the Constitution Of India whose ambit happens to be much lesser than that of Article 226 of the Constitution Of India and hence I strongly suggest of taking the recourse before the Hon'ble High Court. I second that because even after our best of efforts if we fail to get a verdict in our favour then we can always take recourse before the Hon'ble Supreme Court vide the Special Leave Petiion. But Licensing is in the discretion of the individual authorities and hence differs from individual cases and i am pessimist regarding what good it will do. Instead what i had advocated since the inception is that let us all as group of indiviual bring a PIL regarding opeing up of arms import like one pre 1986 or 1984 which would be muxh more futile. Am ready to appear before the the Hon'ble Courts free of charge and plus would be able to get certain designated senious involved withour any charge and then we can all have the ball rolling. Don't please forget that our Hon'ble Home Minister also happens to be a Seniour Counsel of the Hon'ble Supreme Court.
Am amenable to suggestions and they are highly solicited.
Jayanta
LAWYERS FIGHT FOR RIGHTS.... AN ARMED CITIZEN PROTECTS THEM
"GOD IS NOT ON THE SIDE OF THE BIGGEST BATTALIONS, BUT OF THE BEST SHOTS." ~ VOLTAIRE

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goodboy_mentor
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Re: Filing a PIL in SC regarding self defense

Post by goodboy_mentor » Sun Jul 12, 2009 1:37 am

Am ready to appear before the the Hon'ble Courts free of charge and plus would be able to get certain designated senious involved withour any charge and then we can all have the ball rolling.
Mr. Mukherjee, I really appreciate your opinion and your initiative to come forward on behalf of members of this forum for a legitimate cause. This is an honor for this forum to have gems like you. Please let the us know how the members of this forum should come forward with help in this regard. I am ready to help you to my best possible extent. I am positive other members will not lag behind.

prashantsingh
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Re: Filing a PIL in SC regarding self defense

Post by prashantsingh » Sat May 29, 2010 5:19 pm

warthog wrote:The police reject anyone who wants a weapon for self defence.I think applying for license for self defense is legitimate.SOmeone should file a PIL asking SC to allow gun license for self defense
As far as I know .
The role of the Police is limited.
It is the District Magistrate who decides to issue / refuse a licence.
The Police has to make a report on the persons conduct. They have to check with all the Thanas of your town/city to see if you are in their record (criminal) books. Once you are cleared of that. The report is sent to the S.P. who forwards the same to the D.M.
Last edited by prashantsingh on Sat May 29, 2010 11:54 pm, edited 1 time in total.

ganeshnayak
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Re: Filing a PIL in SC regarding self defense

Post by ganeshnayak » Sat May 29, 2010 6:02 pm

He He , that was a real cool exchange of words and thoughts I must say.
Long live the spirit of IFG

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