Opinion of Advocates requested
Querist :
Anonymous
(Querist) 02 May 2011
This query is : Resolved
Dear Experts, this query arose afer reading the following thread at http://www.lawyersclubindia.com/forum/RKBA-guaranteed-under-Articles-19-and-21-of-Constitution-36011.asp
The logic put forth by the authour of above mentioned thread appears to be very sound and reasonable to me. As per his explaination RKBA is guaranteed under Articles 19 and 21. And Arms Act 1959 is violative of Article 20(3) for self incriminating citizens for exercising their fundamental right. He has also given a citation of US Supreme Court judgment of a similar case related to self incrimination.
Hence my question is can this logic be tried in High Court by advocate to defend his client implicated under Arms Act for possessing firearm without license?
Querist :
Anonymous
(Querist) 03 May 2011
Of course he will be tried under Arms Act in District Courts. But what about also using the logic mentioned in that thread as a matter of writ/appeal in High Court?
Querist :
Anonymous
(Querist) 09 May 2011
Any opinions after reading that thread?
