Area extension application rejected

[Kistenze]

Hello friends
I am from Punjab , I had applied for area extension to adjoining states which travel on regular basis (Chandigarh,haryan ,himachal) I just came to know that my application had been rejected . What you friends suggests that how should I proceed.

Regards
Amrit

[aadhaulya]

Kindly elaborate the reason given by you, for your frequent travel to these states and if you submitted any documents to support your requirement to travel to these states. Though these may not be required legally (not sure), but the LA works on the whims and fancies of the babus.

Regards

[Kistenze]

Hi aadhaulya
I have mentioned that as my company of which I am partner have branches in himachal n Haryana. So I have to regularly visit these places & also I have resident in Haryana also.i have provided the partnership deed along with proof of my companies branches.

Regards

[aadhaulya]

Maybe the documents that you submitted were not enough. As per my interaction with the LA, you need to give more than a partnership deed as proof, such as the tax or VAT registration in those states, bank statement showing financial transactions in that state etc. and some sort of registration document of your company showing you as a partner of that company (preferably registration with the 'Registrar of Companies').
As for your residence in Haryana, it is only applicable if you or your wife own the property in Haryana. In that case you need to give copy of the registration documents of that property.
The above is my understanding of the procedure. Hope it helps.

Regards

[goodboy_mentor]

Gentlemen all this official menace will continue until this matter is not taken up properly in Courts or Parliament. I will post on this website in few weeks, a comprehensive detail on how arms are human right and fundamental right under Articles 14, 19, 21 and 25. Fundamental rights are guaranteed throughout India. You are not under burden to justify your fundamental rights. Rather it is the State that is under heavy burden to justify denial of fundamental rights.

Arms license is a public document issued by a public authority established by due process of law. As per Article 261(1) of the Constitution, full faith and credit shall be given to public documents throughout the territory of India. Thus arms license issued by any licensing authority in India should be given full faith and credit throughout India. But unfortunately due to rampart legal ignorance among people, the things are not as they are supposed to be under the Constitution. Article 261(1) is quoted below -

261. (1) Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.

Article 261(1) is your Constitutional right. This is the reason why a driving license issued by any office of motor vehicles in any State in India, is legally respected all over India.

[aadhaulya]

Dear GBM,

Can something be done about it. We try to flow with the tide. On this forum also we talk about what is legally correct but I feel we are not doing anything about it. (Except a few people like you who have taken up the challenge in the form of NAGRI).
Last year 'Inplainsight's license got suspended or cancelled. Every one sympathized with him and told him that Delhi Police can't do such a thing quoting various rules. But when it actually got cancelled, we all sat back and did nothing.
Hope, I can be of help in some way. Though nothing can be done individually but collectively it may make some difference.

Regards

[goodboy_mentor]

Can something be done about it.

Yes. The law can be amended by parliament to make it in confirmation to the Constitution. Or High Court or Supreme Court can be approached. They have power of judicial review of laws. It is through the efforts of this website that a very large number of members sent letters by speed post/ registered post to Home Ministry, Home Minister, Prime Minister and many M.P.s against proposed amendments to arms act. The copy of letter is still posted in this thread at http://indiansforguns.com/viewtopic.php ... 3&start=93 Some members even personally went there to meet the officials to submit protest in legal manner. NAGRI was able to collect signatures of almost 100 M.P.s All this was able to stop the draconian amendments proposed to be made to Arms Act. Similar momentum needs to built up again.

On this forum also we talk about what is legally correct but I feel we are not doing anything about it.

It is very true. It seems some people are willing to bend over backwards to get license but very little understanding to understand what is going wrong. For American revolution to take place, it took almost ten years of intense pamphleteering. Therefore for any change it is very important to make the people understand where and why things are going wrong.

Except a few people like you who have taken up the challenge in the form of NAGRI

I would not like to take any credit about formation of NAGRI or its workings. It is the idea of mundaire on this forum and other delegates who attended its first meeting. It is all mentioned on NAGRI website. My contribution till now has been limited to give ideas to NAGRI or publish on this or some other website. I believe the human mind and its ideas are the most powerful weapon to fight any injustice. Even the arms are nothing but creation of human mind.

Last year 'Inplainsight's license got suspended or cancelled. Every one sympathized with him and told him that Delhi Police can't do such a thing quoting various rules. But when it actually got cancelled, we all sat back and did nothing.

What Indian police can do is all well known. The culture of impunity and lack of accountability is also well known. How India is being "ruled" is also well known. Thinking that Indian police will honestly respect the law is ...........

Police to pay Rs 6 lakh for framing false cases

Praveen Kumar | Mail Today | New Delhi, March 26, 2010 | UPDATED 09:19 IST

The Delhi High Court on Thursday awarded a compensation of Rs 5.62 lakh to a person, who was falsely implicated in 18 criminal cases by the police.

Prempal had sought a compensation of Rs 60 lakh from the Delhi Police for implicating him in 18 false cases between 1991 and 2007. But he got only a fraction of his claims.

The court directed Delhi Police commissioner Y. S. Dadwal to compensate the victim as well as tender a written apology to the victim and his family for their suffering.

"If the confidence has to be restored among the citizenry that the police are meant to protect their rights, then such an expression of contrition by those at the helm is imperative," the court said.

The court asked Dadwal to review the criminal cases pending against Prempal and asked him to take a decision within four weeks on whether these cases needed to be pursued against him.

Prempal was slapped with the cases because he had dared to take on the local policemen after they refused to return his household goods recovered from robbers.

"It started in 1991 when I filed an FIR of theft at my house. The police after arresting the accused and recovering the household goods did not return it. I took on the police and registered a case against them. After that a vigilance inquiry was done and the officials were suspended," "In revenge, the police destroyed 15 years of my life and my family by implicating me in false cases but could not prove any of the cases," he added.

Out of the 18 cases, he was acquitted in 13 after facing a prolonged trial. However in five cases, the police managed to get him convicted, which included four cases of theft and one under the Arms Act.

Prempal moved the high court in 2006 against the Delhi Police for falsely implicating him in a rape case of a minor girl in 2002.

The police accused him of raping the daughter of his landlord as he was having frequent quarrels with him. He was arrested, tortured in custody and suffered incarceration in jail for nearly seven years. Prempal was acquitted by a trial court in September 2004.

The trial court in its order had stated that the police officers involved in framing the case against Prempal should be given exemplary punishment, but the Delhi Police did not abide by it.

"I consider this as an eye-opener case, which reveals the manner in which police lets off real culprits and falsely implicates innocent persons, who dare ask for justice or who want erring police officers to be brought to book," the court observed.

"The torture of Prempal has converted him into a living corpse. It is a case which shows that the police force has persons of criminal character in it, who are out to damage the whole institution and need to be weeded out," the court added.

In all the five cases in which Prempal was convicted, the FIRs were lodged at the Sangam Vihar police station.

Four out of the five cases in which he was convicted were registered in 1999 under sections 457/ 380/ 411 of IPC related to trespass and house break- in by night to commit offence. He was sentenced to rigorous imprisonment for 18 months in each of the cases. However, Prempal was acquitted in seven similar cases.

The fifth conviction was under sections 25/ 27/ 54 and 59 of the Arms Act in which he was sentenced to rigorous imprisonment for one year and six months and was fined Rs 100.

But he was acquitted in three other cases under the Arms Act.

Prempal was also acquitted in a case (FIR No 117/ 1991) where he was charged under sections 302/ 34 IPC. The Sangam Vihar police not only implicated him but also his son Sanjay and his wife. The court expressed surprise over the Delhi Police continuing to dub Prempal as a " hardened criminal". " Despite so many acquittals, the Delhi Police continue to dub him as a hardened criminal, this is an appellation that is at once unfair and unjustified.

The most precious years of his life were spent in trying to defend himself against these false cases," Justice S. Murlidhar said.

"What is disconcerting is the number of cases registered at the same police station and the ordeal that Prempal has had to undergo over several years to get relieved of the cases," he added.

Case Record:

18 false cases slapped against him

5 cases in which he was convicted

7 years Prempal had to spend in jail

Rs 5.62 lakh compensation awarded to him by the Delhi High Court

Rs 60 lakh compensation he had claimed for the harassment meted out to him

Source http://indiatoday.intoday.in/story/Poli ... 89926.html

Hope, I can be of help in some way. Though nothing can be done individually but collectively it may make some difference.

Agree. Moreover I believe the following -

It does not take a majority to prevail... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men. - Samuel Adams

[aadhaulya]

This is something that no one may like to express.
I will take my example. I have no reason to complaint, as without any recommendation or any sort of influential support I got my License in 20 days and for two additional weapons in one month, even though people believed that it is impossible to get two licenses in the same family.
Now it comes to my mind is take up the membership of NRAI and apply for a fourth weapon .22 LR rifle and see how it goes.
Now personally what do I fight about (maybe at the cost of loosing my License)??
However, if there is a collective fight then I could be part of it and would also love to be involved.
Kindly correct if my thinking is wrong. I would also welcome comments regarding my thinking

Regards

[goodboy_mentor]

I agree, you are correct, you have nothing to personally fight about so long you perceive your rights are not being infringed upon by Arms Act. The moment you perceive your rights are being infringed, you have cause for action. Examples - you are being compelled to join a rifle club to possess fourth firearm or you want to possess fifth or sixth firearm but Arms Act is preventing your rights.

[aadhaulya]

I intend getting a license for 3 weapons each, for my wife and daughter. And eventually if my passion persists I may like to posses more weapons. Then I would have a cause to fight.
But again it would be a lone fight, as here I see that the main issue being faced by people is getting a license itself.
Also this fight should have started by me when I was younger, now that age is catching up, I may prefer to just relax and enjoy what I have,

Regards

[Kistenze]

Thanks aadhaulya
I talked to the guy in PL branch about the reason of my rejection so that if their is any objection I can remove it , but the guy said to leave the old application and apply for new one as chances are that it will be done this time. I think may be its because DC and ADC have changed.& I have earlier also submitted vat,excise and taxation ,registration documents etc.
Any suggestions how to proceed

Regards
Kistenze

[aadhaulya]

Kistenze,

I can only share my experience of getting my AL that is supposed to be the toughest part.
1. I devoted about 45 mins every day before starting work for 20 days that it took me to get my License.
2. I headed to the department (local Police Station, ACP's office, DCP's office and finally the Joint Commissioner's office) that was to receive my application that day and met the concerned person. (I feel if you are present yourself, normally the person would not throw a spanner in the works)
3. This way the file got approved and pushed forward promptly. I never had to meet the senior officer except the DCP as the file got delayed in her office for 3 days.
4. After 2 days I applied for 2 additional weapons and the same procedure worked.
Therefore, I realized that like working in a private organisation if you need any thing you have to follow up and the same works for a Govt. Organisation.

For me at least it worked very well.

Regards

[ankur_ank007]

Kistenze,

I can only share my experience of getting my AL that is supposed to be the toughest part.
1. I devoted about 45 mins every day before starting work for 20 days that it took me to get my License.
2. I headed to the department (local Police Station, ACP's office, DCP's office and finally the Joint Commissioner's office) that was to receive my application that day and met the concerned person. (I feel if you are present yourself, normally the person would not throw a spanner in the works)
3. This way the file got approved and pushed forward promptly. I never had to meet the senior officer except the DCP as the file got delayed in her office for 3 days.
4. After 2 days I applied for 2 additional weapons and the same procedure worked.
Therefore, I realized that like working in a private organisation if you need any thing you have to follow up and the same works for a Govt. Organisation.

For me at least it worked very well.

Regards

Hi Atul Ji,

I applied for a license on 15th of July 2015, it was cleared from local police station within 15 days, went to SP's office and was moved forward to Mamlatdar's office (I don't know what is Mamlatdar called in English as I have heard of it for the first time in Gujarat only) Now it's somewhere between Mamlatdar's office and Collector's office, and ironically both the offices are on the same floor of same building. The prescribed time for the decision is printed is 29th of Aug 2015, on the applications receipt.

I dont know how these Babu's work and for what they are paid by our taxes? I have written 4 letters to SP and Collector of Gandhinagar for fast track hearing and sent a CD of threatening call of Honour killing by my uncle and this is the result.... I hope I won't get killed before I get a license....

[aadhaulya]

Gujrat Administration seems to be exceptionally bad. Have you checked the Mamlatdar's dispatch register for the status of your file??

Atul

[ankur_ank007]

Gujrat Administration seems to be exceptionally bad. Have you checked the Mamlatdar's dispatch register for the status of your file??

Atul

I asked for that but he was reluctant to show that, however 29th of Aug has been printed on my application's receipt as the date of hearing with collector. If they don,t do it before that, I am ready to forward the application to Home Secretary of the State, as Arms Acts says "Within a prescribed time".....
However I don't understand what is the role of a Mamlatdar in the Arms License Process? As the law says the Licensing Authority should ask for the report of the nearest police station and the LA and police only has roles to play in the complete licensing procedure.
Can someone guide me on this???

Regards