Chennai, Jul 21 (UNI) The Madras High Court today stayed a single judge order directing the City Police Commissioner (CoP) to issue a gun licence to AIADMK legislator V P Kalairajan.
The First Bench comprising Chief Justice A K Ganguly and Justice F M Ibrahim Khalifullah granted the stay on an appeal filed by the CoP against the June 3, 2008 single judge order, directing the police to issue arms licence to the T Nagar MLA.
The bench also directed the legislator to file his counter to the CoP's appeal petition within three weeks.
In his petition, the CoP contended that the single judge order was not sustainable either in law or on facts.
He submitted that the single judge had failed to see that the CoP had scrupulously followed the procedures as prescribed under Sec 13 of the Arms Act and that the license for holding a revolver was rejected after verifying the antecedents of the MLA.
He said the single judge had erred in observing that three criminal cases, in which Mr Kalairajan was implicated as an accused in political agitations was unwarranted.
''There is no difference between a politician involved in criminal cases and an ordinary citizen. Mr Kalairajan has taken the law into his hands and has been implicated as accused in these cases and his activities are sufficient cause to reject his application'', he noted.
It may be recalled that in Decemebr 2007, the CoP had rejected Mr Kalairajan's application seeking licence for holding a revolver on the ground that his life was under threat from the ruling partymen.
Subsequently he moved the Madras High court and the Single Judge N Paul Vasantha Kumar passed orders in his favour on June 3.
Following this the CoP filed the present appeal petition.
UNI XR-GV VV SDP CS1844