Read Time: 03 minutes

Supreme Court today reserved orders in Vandalism caused in the State Legislative Assembly, Kerala, back in 2015, in the Chief Ministership of Oommen Chandy, Senior Leader, INC.

A Division Bench of Justice DY Chandrachud and Justice MR Shah, while hearing the matter, said,

“Is it in the interest of justice to throw things and damage material at the sanctum sanctorum of democracy?”

Submissions were made by Senior Advocate(s) Mahesh Jethmalani for the Caveator and Ranjit Kumar for the Kerala Government.

It was the contention of the learned Senior Counsel, Mr. Jethmalani that privilege under the Constitution accorded to the members of Legislative Assembly cannot be expanded to mean ruckus or inorder in the House;

“I don't understand what privilege is being claimed here? Are they claiming a privilege that the members have a right to damage property or that such behaviour is their right while budget is being presented?”

Defending the then Kerala Govt., Senior Counsel Ranjit Kumar submitted that Freedom of Speech is inclusive of Right to Protest;

“It is the house which decides whether report, paper should be published or not.”

On March 13, 2015, the opposition while protesting against the ruling government’s Finance Minister from presenting the Budget, trashed the Speaker’s Dias, destroyed microphone unit, computer and the lights around.

Around 20 MLAs and 12 watch and ward staff were reportedly injured.

Also Read: [Kerala Assembly Vandalism by CPM Leaders] "Does heat between opposing parties justify disrupting public property?": Justice DY Chandrachud asks Government of Kerala seeking permission to withdraw cases against leaders