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Exemption from depositing Arms during elections

The legal aspects of owning, shooting, importing arms/ ammo and other related legal aspects as well as any other legal queries. Please note: This INCLUDES all arms licensing issues/ queries!
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TC
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Re: Exemption from depositing Arms during elections

Postby TC » Thu Apr 03, 2014 11:41 am

Doc,
I congratulate you once again for carrying on with such determination. Let us wait and see what happens at the High Court.
As far as I can see, the exemption path has to be approached keeping the NRAI clause completely out. It will only dilute the argument and take the attention away from the spirit of the original order of the EC. As Ashok has pointed out, this should be the ideal situation:

ashokgodara wrote:Dr.jayakumar
sad to hear that.i think rajasthan police is only following correct orders.they have prepared a list of peoples who have criminal background,on bail and are regarded to cause threat in elections only arms of these people are being deposited thanks


TC



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vkpd
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Re: Exemption from depositing Arms during elections

Postby vkpd » Thu Apr 03, 2014 1:02 pm

Vkpd,i think this order can be interpreted as per likes and dislikes as it isn't clear.
here is a link to recent order. http://www.thenrai.in/images/documents/ ... m.pdf.this states that all members at different level.


Dr.Jayakumar, Yes, I've seen that order prevoiously and the wordings of the order have remained the same since 1996. It says - "allows the members of the NRA at different levels...." . The cops would argue that it does not say 'All the members of the NRAI' - you are right, one could interpret the order as per ones benefit.

What is however interesting is that I had earlier shot a mail to the Secretary, NRAI in Delhi seeking clarification on the matter, excerpts of which are as follows:

"....With the election month beginning shortly, I have received representation from the local police station to deposit my arms & ammunition in accordance with the order's of the Election Commission.

I have just viewed the notification dated 21.3.14 from the Secretary ECI on your web site that exempts members of NRAI at 'all levels' from depositing their Arms.I wish to know whether this exemption covers all members of the NRAI or only those few who are actively participating in Shooting Competitions? I have not as yet participated in any shooting competition.

Kindly revert at your earliest convenience, as I will have to clarify the same with the Officer at the police station if I have to seek exemption from depositing my arms....."


To which I received a mail this morning saying:

Dear Vkpd,

We wish to inform you that members of NRAI is exempted from depositing their weapon during election time.

Regards

RAJIV BHATIA
Secretary


What do you make out of this Doc? I don't know whether you are a NRAI member, but if you are, I wonder whether you could make The Secretary NRAI a party & get him to depose in your case.

Also, since I have not deposited my arms as yet...I wonder whether I should take on the cops at the PS on the strength of this mail & other documents...

vkpd



gwattal
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Re: Exemption from depositing Arms during elections

Postby gwattal » Mon Apr 07, 2014 8:08 am

apparently only criminals who can influence an election are required to deposit arms. i have attached the allahabad high court order. since i am in UP it should apply to us. I dont know the status for other states. It talks of right to life.
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TC
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Re: Exemption from depositing Arms during elections

Postby TC » Mon Apr 07, 2014 12:21 pm

gwattal wrote:apparently only criminals who can influence an election are required to deposit arms. i have attached the allahabad high court order. since i am in UP it should apply to us. I dont know the status for other states. It talks of right to life.


Thanks gwattal.
As far as my knowledge goes India is one country with one Constitution that applies to all. If one state high court passes an order that generally pertains to law and order (despite that being a state subject under the Constitution) and Arms Act (which applies all across the federation) this order can be referred to from any part of the country.

TC



dr.jayakumar
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Re: Exemption from depositing Arms during elections

Postby dr.jayakumar » Mon Apr 07, 2014 6:44 pm

What do you make out of this Doc? I don't know whether you are a NRAI member, but if you are, I wonder whether you could make The Secretary NRAI a party & get him to depose in your case.

Also, since I have not deposited my arms as yet...I wonder whether I should take on the cops at the PS on the strength of this mail & other documents...

vkpd
vkpd

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I am a member of madurai rifle club,which is affiliated to national rifle association.i have a shooters ID from NRAI.i had wriiten to NRAI and this was the response from Hon secretary ''Dear Dr. Jayakumar

Pl visit the nrai website ( www.thenrai.in ) in this matter - there is clear instructions form the election commission on the same''.
today was the argument in madras high court,i am yet have details.will update as soon as i hear from my lawyer.
by the way if the cops haven't asked for it don't bother.
regards
dr.jk



dr.jayakumar
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Re: Exemption from depositing Arms during elections

Postby dr.jayakumar » Tue Apr 08, 2014 10:01 am

After a brief argument,high court has ordered the DM to pass order's according to election commission's model code of conduct.will be receiving the court orders by tommorow.
though this isn't a direct verdict,some relief.
regards
dr.jk



gwattal
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Re: Exemption from depositing Arms during elections

Postby gwattal » Thu Apr 10, 2014 8:55 pm

allahabad high court orders the release of weapons deposited on "general orders" passed on account of elections. high court order attached
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mundaire
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Re: Exemption from depositing Arms during elections

Postby mundaire » Thu Apr 10, 2014 9:26 pm

Thank you for posting this here gwattal, I am sure it will be of great help to those who are fighting to retain their legally held firearms :)

Cheers!
Abhijeet


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gwattal
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Re: Exemption from depositing Arms during elections

Postby gwattal » Thu Apr 10, 2014 10:17 pm

There is no mention of "renowned shooters" or members of nrai. This applies to all.



dr.jayakumar
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Re: Exemption from depositing Arms during elections

Postby dr.jayakumar » Fri Apr 11, 2014 10:58 am

HERE is the court order.not a direct order,but should have a positive effect.
regards
dr.jk
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TC
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Re: Exemption from depositing Arms during elections

Postby TC » Fri Apr 11, 2014 5:00 pm

Thanks Doc.

TC



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vkpd
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Re: Exemption from depositing Arms during elections

Postby vkpd » Fri Apr 11, 2014 11:28 pm

After having previously received a written notice from the local PS to deposit my arms, I responded by submitting the Election Commission 's standing order dated 21.3.14 along with previous orders exempting NRAI members from depositing their arms. The cops sat on the documents for a day...but guess what..they bought it....don't have to deposit my arms.
Doc...looks like I won this one without having to go to court!
Best of luck to you...Cheers.

vkpd



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farook
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Re: Exemption from depositing Arms during elections

Postby farook » Fri Apr 11, 2014 11:53 pm

if you could tell us which state this is


Nothing has shaped the history more than a Gun

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vkpd
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Re: Exemption from depositing Arms during elections

Postby vkpd » Sat Apr 12, 2014 6:44 am

Farook, I belong to quiet hill station in North Bengal....I suspect the decision to permit me to keep my weapons was taken within the confines of the authority present in the local police station itself...unless of course they had received previous instructions in the matter from the State HQ's in Kolkata.

vkpd



dr.jayakumar
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Re: Exemption from depositing Arms during elections

Postby dr.jayakumar » Sat Apr 12, 2014 9:00 am

vkpd wrote:After having previously received a written notice from the local PS to deposit my arms, I responded by submitting the Election Commission 's standing order dated 21.3.14 along with previous orders exempting NRAI members from depositing their arms. The cops sat on the documents for a day...but guess what..they bought it....don't have to deposit my arms.
Doc...looks like I won this one without having to go to court!
Best of luck to you...Cheers.

vkpd

You have some sensible authorities vkpd.
the court has given a week to DM to respond,if not i'll have to appeal.
regards
dr.jk




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