Court lenient for Arms License

[Shamsher]

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


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.”

Thanks Shutzen for the great Info


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[gungeek]

Great info, hope this suggestion should be considered by MHA.