Date:01/10/2008 URL: http://www.thehindu.com/2008/10/01/stories/2008100161451000.htm

Tamil Nadu

“Consider fresh plea for arms licence from MLA”

Special Correspondent

CHENNAI: The Madras High Court on Tuesday directed the Chennai Police Commissioner to consider afresh the application of V.P.Kalairajan, T.Nagar MLA, for grant of an arms licence. If there are no other criminal cases against him, except the three mentioned, the legislator’s application should be favourably considered on merits within four weeks. Dismissing an appeal filed by the Police Commissioner, the First Bench comprising the Chief Justice A.K.Ganguly and Justice F.M.Ibrahim Kalifulla, said going by the principles laid down in various judgments, disruption of public order meant a disruption in the even tempo of life of the community.

But, the admitted facts of the case did not show the MLA’s alleged involvement in the three petty cases amounted to any disruption in the general tempo of life of the community. In none of the cases, the respondent had been charge sheeted and they were kept pending for months together.

The Bench said after the disposal of the appeal on August 13, R.Karuppan, counsel for the MLA, filed a petition for restoration.

When the appeal was heard after restoration, the facts in detail, which were not placed or noticed when the order was passed by the Bench, came to be noticed and were considered. That was why the Bench was now taking a different view. (In its earlier order, the Bench had allowed an appeal filed by the Commissioner challenging the order of a single Judge who had directed the police chief to consider Mr.Kalairajan’s request for an arms licence afresh in the light of the court’s observation and pass orders.)