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Democratic Indian (n/a)     19 September 2010

RTI information in 48 hrs under Life and Liberty Clause

Opinion of learned members is sought if RTI information can be sought in 48 hrs under Life and Liberty Clause for seeking information about status of ones Arms License application submitted for self defense on the following grounds:

1)Self defense is a Fundamental Right Guaranteed under Article 21 of Constitution and arms license is also sought for the exercise of same right.

2)Need for self defense can arise anytime from any random, unforeseen act of violent crime and the applicant may not be able to fully defend herself/himself leading to deprivation of life and/or liberty due to the delay caused by the state to issue arms license.

I am attaching the template of RTI application which is planned to be submitted.

Valued opion of learned members will be highly appreciated. Thanks in advance.



Learning

 4 Replies

Democratic Indian (n/a)     21 September 2010

Any opinion/idea of learned lawyers of LCI?

Jonathan D (Practising Advocate)     28 December 2010

Hi,

For drafting applications invoking life and liberty, refer to the website www.rtiindia.org. Also, proving a treat to life and liberty is difficult to prove. Is there a threat? From whom do you anticipate the threat? Has there been any attempt made so far? Any FIR/NC lodged in this regard or private complaint under 156 (3) Cr PC? These are the facts you will have to lay out while invoking this provision

All the best!!

Regards,

Jonathan

Democratic Indian (n/a)     29 December 2010

"Also, proving a treat to life and liberty is difficult to prove. Is there a threat?"

 

Thank you for your reply, I understand it will not be easy to convince the PIO probably because of prevelant culture and attitude.

 

Getting an arms licnse is not a matter of "threat" or "no threat". Hence it is not necesarry to "prove" anything like "threat" etc. It is a matter of right of citizens. This has already been uttered by honorable courts. Please refer: https://www.lawyersclubindia.com/forum/Re-It-is-citizen-s-Right-to-obtain-arms-license-26091.asp

 

It is also a fact that the State is under no legal liablity to protect you. Right to Life and Liberty is a negative obligation of State. Please refer https://www.lawyersclubindia.com/forum/Liability-of-State-in-Death-from-Robbery-28021.asp Any unreasonable delay by State can result in violation of Life and Liberty of the citizen.

 

Moreover the Right to Keep and Bear arms is not just a fundamental right, it is also a human and a natural right. https://www.lawyersclubindia.com/forum/10th-December-Human-Rights-Day-28338.asp

Jonathan D (Practising Advocate)     29 December 2010

Do post your success story!! This can be used as a reference!!

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