HC bans issuance of fresh arms licences in UP

[Kumarnishith]

A really sad day for Indians..

http://timesofindia.indiatimes.com/city ... d=14000000

LUCKNOW: The Lucknow bench of the Allahabad high court has banned till further order the issuance of fresh arms licences in Uttar Pradesh. The court, however, said the licences could be issued in exceptional cases only to the claimants seeking it under family heirloom policy or those who are victims of crime, having genuine need of weapon in the opinion of the district magistrate. The court will hear the matter on November 25.

A division bench comprising Justice Abdul Mateen and Justice Sudhir Kumar Saxena passed the order keeping in view that the arms licences issued to private persons are five times more than the arms possessed by the state police force. "Arming society to such an extent rings danger bell. In fact, the state is sitting on a volcano," the court observed.



The bench learnt that the state has a 2.13 lakh strong police force which has 2.25 lakh weapons with them, whereas the state government has issued 11.23 lakh arms licences. Some have been issued more than three arms. In Lucknow, about 50,000 applications for arms licences are pending. More than 40,000 applicants have been issued more than one arms licence.

The court found that there is no effective mechanism to verify the criminal background, though about 6,000 persons, against whom criminal trials are pending, have also been issued arms licences. Besides, 1,000 licences have been issued to persons against whom FIRs are registered.

The bench has sought a plan from the Centre and state government to maintain the balance between weapons available with the police and private citizens, taking into account the specific needs like economic status, threat perception, criminal background and possibility of misuse. The court has also sought information about persons to whom more than three arms licences have been issued. Further, it has sought information on whether the state government is taking any steps against the licence holders with criminal background. The court directed the principal secretary home to furnish the affidavit after complying with the above order.

-Nishith

[spin_drift]

This is the reason we need to go to the supreme court for RKBA.

[kdbanan]

Only if our Judicial system would be as efficient as those of USA and England then our country would have been in a different state today!!!!
But as unfortunate as it is our so called judicial system has to come out with a stupid rule so that they can show the people that they are "trying" to do something.

[Virendra S Rathore]

What the hell !!
In a State of 20+ crores population, they are worried about 11.23 lakh licenses ?? Really for 0.5615 % ??
And if I am to assume that many of these licenses bear more than one fire-arms, even then how many are we talking about .. 20 lakh .. 30 lakh licensed fire-arms??
How can they call upto 1.5 % licensed fire-arms on the total populace as "sitting on volcano" !!
And if it is a volcano, is it because of the licensed fire-arms or because of the black markets kattas worn by goons .. or because of the Netas and Bahubalis hoarding legal+illegal fire-arms in dozens. Why can't the HC call a spade a spade, when we can !!

I can understand the concern that background checks are byepassed or oversmarted in UP by the more influential or by the ones taking bribed left right and centre.
I can understand the concern that not very clean people are also getting licenses sometimes.
Why is any of that punitive on the common man, who is neither a criminal nor subverted the process.
Did the HC think of the poeple who don't even have that much money to bribe for getting the license? What about them .. how are they going to defend themselves?
This is maddening.

[goodboy_mentor]

The role of the courts is to determine legality and not make highly subjective judgments on some ill defined ideas. It appears the court has given itself the power to make discretionary judgments not on the basis of interpreting the Constitution and the law enacted by Parliament, but by the own personal viewpoints, biases and prejudices of judges.

The argument behind this judgment is clearly unreasonable. It gives discretion to the Central Home Ministry and State Home Department for arbitrary actions on an assumption that there must be a "balance" between firepower of police and citizens. Are citizens at cold war with the Indian State? If the citizens do not like a government, they can always vote it out of power.

It has been explained in a clear manner that arms are acknowledged as fundamental right by Constitution of India in this link http://indiansforguns.com/viewtopic.php ... 30#p197742

[miroflex]

Surely most licence holders are on the side of the forces of law and order rather than against them. It is difficult to envisage a situation where mobs of armed licence holders will engage in gun battles with the police.

I agree with the views expressed by fellow members, particularly goodboy_member, who has stated the legal position very luciidly and succintly. I eagerly look forward to more posts and to a reversal of these orders.

[Safarigent]

Added to this ofcourse is the new developement that the IOF .30-06 cant be registered on any sundry license!
A fit case for NAGRI to take up and lead perhaps?

[captrakshitsharma]

Stupid is what stupid does

[Mubi]

Any news on this stay order whether they will make it permanent or the licenses process will start after 25 November. the Babus has halted the work of arms application saying that there is bann on new license from High Court. My additional license for handgun is halted due to this order.


Mubi

[goodboy_mentor]

A fit case for NAGRI to take up and lead perhaps?

Yes.

[Mubi]

Any Update on the order of Allahabad high court regarding fresh licences. has the work started or still there is ban on the new license.

[miroflex]

Any Update on the order of Allahabad high court regarding fresh licences. has the work started or still there is ban on the new license.

Sadly, I understand that the stay order has been extended till March 20, 2014, vide an order of the Lucknow Bench of the Allahabad High Court dated November 25, 2013 as per newspaper reports.

[vipinthekumar]

ITS true Ban still hold till next hearing on 20th March 2014.
HC order link http://elegalix.allahabadhighcourt.in/e ... ID=2940036

[ARAE]

It may be true that state government has issued 11.23 lakh arms licences to citizens whereas the police force has 2.25 lakh weapons with them. The arms licences are legally issued and still are considered a threat, this is absolutely amusing, what about the firearms used by criminals in the state, the number of firearms used by criminals is a cause of concern and that should be an alarming issue with the government and the honorable courts, and not the legally issued ones.

I wish the government and the honorable courts take up the matter in a fruitful manner which benefits the public and its security,

A really sad day for Indians..

http://timesofindia.indiatimes.com/city ... d=14000000

LUCKNOW: The Lucknow bench of the Allahabad high court has banned till further order the issuance of fresh arms licences in Uttar Pradesh. The court, however, said the licences could be issued in exceptional cases only to the claimants seeking it under family heirloom policy or those who are victims of crime, having genuine need of weapon in the opinion of the district magistrate. The court will hear the matter on November 25.

A division bench comprising Justice Abdul Mateen and Justice Sudhir Kumar Saxena passed the order keeping in view that the arms licences issued to private persons are five times more than the arms possessed by the state police force. "Arming society to such an extent rings danger bell. In fact, the state is sitting on a volcano," the court observed.



The bench learnt that the state has a 2.13 lakh strong police force which has 2.25 lakh weapons with them, whereas the state government has issued 11.23 lakh arms licences. Some have been issued more than three arms. In Lucknow, about 50,000 applications for arms licences are pending. More than 40,000 applicants have been issued more than one arms licence.

The court found that there is no effective mechanism to verify the criminal background, though about 6,000 persons, against whom criminal trials are pending, have also been issued arms licences. Besides, 1,000 licences have been issued to persons against whom FIRs are registered.

The bench has sought a plan from the Centre and state government to maintain the balance between weapons available with the police and private citizens, taking into account the specific needs like economic status, threat perception, criminal background and possibility of misuse. The court has also sought information about persons to whom more than three arms licences have been issued. Further, it has sought information on whether the state government is taking any steps against the licence holders with criminal background. The court directed the principal secretary home to furnish the affidavit after complying with the above order.

-Nishith

[Mubi]

Hello any development on this case i think yesterday there was hearing on this petition.

Mubi