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Synopsis

The Kerala High Court on Friday, while refusing a plea where exemption from appearing in prison was sought for,  declined to stay further proceedings in the Assembly ruckus case that happened in 2015.

The pertinent matter is pending before the Chief Judicial Magistrate, Thiruvanathapuram, against Education Minister V. Sivankutty, LDF convener E.P. Jayarajan, K.T. Jaleel, MLA, and three other former LDF MLAs. 

For the background, MLAs K. Ajith, K. Kunhammad and C.K. Sadasivan, were accused of causing destruction of property inside the Assembly in an attempt to forestall late K. M. Manithe, the then Finance Minister from presenting the annual Budget on March 13, 2015.

Interestingly in July 2021, the Supreme Court rejected a plea by the Kerala government challenging the order of the Kerala High Court upholding a trial court decision to reject the request to withdraw the prosecution of six Left Democratic Front (LDF) MLA’s under IPC and Prevention of Damage to Public Property Act 1984. A bench of Justice D Y Chandrachud and Justice M R Shah while rejecting an appeal for withdrawing the case against LDF MLAs opined , “The persons who have been named as the accused in the FIR in the present case held a responsible elected office as MLAs in the Legislative Assembly. In the same manner as any other citizen, they are subject to the boundaries of lawful behaviour set by criminal law. No member of an elected legislature can claim either a privilege or an immunity to stand above the sanctions of the criminal law, which applies equally to all citizens”.

The Supreme Court thus ruled, "committing acts of destruction of public property cannot be equated with either the freedom of speech in the legislature or with forms of protest legitimately available to the members of the opposition” and that “to allow the prosecution to be withdrawn in the face of these allegations, in respect of which upon investigation a final report has been submitted under Section 173 of the CrPC and cognizance has been taken, would amount to an interference with the normal course of justice for illegitimate reasons. Such an action is clearly extraneous to the vindication of the law to which all organs of the executive are bound”.

The petitioners in the present matter contended before the Kerala High Court, that they were innocent of the allegations. Further, that the 'outcome was highly tainted and the investigation done by the Police was biased'.

 

Source: The Hindu