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Decision No. CIC/SG/A/2009/000353/3141
Appeal No. CIC/SG/A/2009/000353
Relevant Facts
emerging from the Appeal
Appellant : Mr Sanjay Gupta
President, Nai Umang
F-69-B, Laxmi Nagar, Delhi-110092
Respondent : Mr. Mukul Koranga
Deputy Secretary (Home) G.D.
5the Floor, C-Wing,
Delhi Secretariat,
New Delhi-110002.
RTI application filed on : 29/10/2008 CPIO replied : 20/11/2008 First appeal filed on : 25/12/2008 First Appellate Authority order : 23/01/2009 Second Appeal filed on : 18/02/2009
The Appellant had asked in RTI application about the guidelines for the validity,
extension of validity of armed license, prepared by the Delhi Government and
approved by the Ministry of Home Affairs, Indian Government. The Appellant had
also inquired about the jurisdiction of Home Ministry of Delhi Government to bring
such law and right to amend the existing act issued by Indian Government. The
Appellant wants to know about the steps taken by the government to bring the
culprits to face the law. Who are the authorized people to keep these license? What
is the total no of such armed license between the period of 1 January, 2008 to 30
September, 2008 whose validity has been recommended by the DCP (Licensing) but
on which the Deptt. Of Home(Delhi) is yet to decide? The Appellant has also
enquired whether Delhi Government has received any letter from the Home
Ministry to stop the illegal guidelines.
The PIO replied:-
S.N Information Sought PIO's Reply
o.
1. Has the law been issued by the Delhi Govt. has adopted the law because
Ministry of Home Affairs, Govt. of it thought that the letter no. v-11026/8/89-
India, to validate armed license in Arms dt. 04/07/1989 sent by the Ministry
throughout the country. What is the of Home Affairs to enact the law of Arms
no of the letter sent to Delhi Govt. License throughout the country is suitable.
by Ministry of Home Affairs?
Please provide the copy of the said
letter.
2. Can Delhi Govt. bring any law to Delhi Govt. is fully authorized to validate
extend the validity of armed the Arms License throughout the country
license? If yes then please provide because a letter no. v-11026/8/106/94-
the copy of the said law. Arms dt. 11.10.1995 by the Indian Govt.
sent to all the states giving it the right to
do so. So Delhi Govt. is fully independent
and capable to bring such law.
3. Can Delhi Govt. amend anything in No.
the Arms Act 1962 issued by
Ministry of Home Affairs, Govt. of
India?
4. By which law or guidelines has the Delhi Govt. has adopted some of the
Delhi Govt. been validating Armed instructions from the law issued by
License from 4 July 1989 to so far Ministry of Home Affairs, Indian Govt.
throughout the country? that gives the right to validate the Arms
License throughout the country and
recommends the same instruction.
Here it is suitable to tell that provided
the rights by Indian Govt., the Delhi Govt.
is free to take measures to settle these
kind of cases.
5. The guidelines sent to the States by Yes, Delhi Govt. has apparently adopted
Ministry of Home Affairs, Indian the same law ever since Indian Govt. has
Govt., vide letter no v-11026/8/89 provided the rights to validate the arms
dt. 04-07-1989 that includes license in whole country for mentioned
following ranks: ranks vide letter dt. 04.07.1989 to the
a) Ministers of Indian Govt. states.
and Members of
Parliaments.
b) Security Force of Indian
Govt., Police Service,
Officer of Para Military
Organizations and
Government Officers who
is responsible for giving
their duty in whole country.
c) Officers of Grade/group-A
and authorized or
commissioned officers of
Armed Forces.
d) Authorized Club and Rifle
association for welfare of
Sports.
Does Delhi Government issue the
validity for armed license only for
abovesaid ranks/designation? If yes
then from when has it been doing
so?
6. According to the Para 4 of letter Yes it is true that the State Governments
no. v-11026/8/89-Arms dt. does not have the right to extend the
04.07.1989, state governments do validity of Armed License vide letter dt.
not have the right to extend the 04.07.1989 by Ministry of Home Affairs,
validity of Arms License. But Indian Govt., but because of Indian Govt.
under which law has Delhi Govt. used to inspect the case under the same
did so considering the guidelines of law earlier, so after Indian Govt. provided
letter no. v-11026/8/89-Arms dt. the rights to the State Governments, Delhi
04.07.1989. Please provide the Govt. apparently uses some of the
copy of the said law. instructions from the said letter’s
7. Ministry of Home Affairs had directions for investigating the matter
quashed the letter no v-11026/8/89- which is still continue.
Arms dt. 04.07.1989 by letter no v-
11026/106/94 dt. 11.10.1995, copy
of that letter was provided to me by
your department earlier.
8. Why Delhi Govt. did not This is not true. Delhi Govt. fully
implement the law that Ministry of complying with the rules vide letter no v-
Home Affairs, Indian Govt. has 11026/8/106/94-Arms dt. 11.10.1995 sent
sent vide letter no. v-11026/106/94 by the Ministry of Home Affairs to Delhi
dt. 11.10.1995? Please specify the Govt.
cause and provide a copy of the
rule under which Delhi Govt. did
not implemented the abovesaid
rule.
9. What steps has been taken against No officers of Delhi Govt. is authorized to
those officers who had prepared prepare any rule regarding validation of
guideline on their own? Arms License and whichever complaint
10. Had Delhi Govt. received any received by it from time to time, had been
complaint against those who made found to false.
false/illegal guidelines.
11. What steps has been taken against
those officers who had prepared
guideline on their own?
12. How many recommendations had Letter no. F.13(43)2008/HG/3111 dt.
been found from DCP (Licensing) 05.11.2008 from this department has been
to validate the armed license in transferred to the Additional Police
whole country from 1 January 2008 Commissioner (Licensing).
to 30 September 2008? How many
licenses had been validated for
whole country? Please provide the
copy of the rule considering which
validation for whole country had
been done to those license bearers
between the time periods of 1
January 2008 to 30 September
2008.
13 Please give the number of those
armed licenses that have not been
done for whole country by Delhi
Govt. after the recommendation
from DCP (Licensing).
14 Please give the number of those Only 11 cases are subjudice before Delhi
armed licenses that have not been Govt. Time can not be decided as in most
done for whole country by Delhi of the cases decision had not been made
Govt. after the recommendation due to lack of proper information and
from DCP (Licensing). What is the related documents related to applicant.
cause for not deciding of these
Armed Licenses? Till when will it
get decided?
15. Has the case been filed against the Please read the answer in context of
officer who had prepared the false question no 9,10, and 11.
and illegal rule and guidelines to
validate the armed licenses in
whole country? If yes then what is
the number of the case? If no then
please specify the cause.
16 How many complaints have been No such archive is kept in Home
received to the parliamentarians, Department of Delhi Govt. But from time
non-government organizations and to time these complaints are disposed off
in person for the preparation of and proper answer is sent to respective
false and illegal guidelines in Delhi persons/departments/organizations.
Govt. What steps have been taken
on these complaints?
17. Has Delhi Gov. received any letter Delhi Govt. has not received any such
from Ministry of Home Affairs, letter from Ministry of Home Affairs,
Indian Govt. to stop preparation of Indian Govt.
false and illegal guidelines? If yes
then please provide the reference
number and copy of the said letter.
The First Appellate Authority ordered:
The first appellant authority ordered, ” After observing each points of the appeal and file
from the department, undersigned is satisfied that the department has provided the
information related to the questions of the applicant. There is no strength in the fact
provided by the applicant.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent
Respondent: Mr. Vineet on behalf of Mr. Mukul Koranga PIO
The PIO states that information has been provided as per the records, which appears to be
correct.
Decision:
The appeal is disposed.
The information has been provided to the appellant.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
8 May 2009
(In any correspondence on this decision, mentioned the complete decision number.)