Citing ‘privileges’, Kerala government moves SC to drop suits against Left leaders

Tribune News Service
New Delhi, June 26

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Citing legislative privileges, the Kerala Government has moved the Supreme Court seeking permission to withdraw criminal cases against Communist Party India (Marxist) leaders, including the state’s Education Minister V Sivankutty, for alleged vandalism on the floor of the assembly in 2015, when the party was in the opposition.

In its petition filed in the top court, the Pinarayi Vijayan government has challenged the March 12 order of the Kerala High Court refusing to give its nod for withdrawal of cases. The petition is likely to come up for hearing by a Bench led by Justice DY Chandrachud on June 29.

Kerala Assembly had witnessed bedlam on March 13, 2015, as LDF members tried to prevent then finance minister KM Mani—who was facing allegations in the bar bribery scam—from presenting the state budget. The CPI (M) MLAs had allegedly vandalised the Speaker’s dais, uprooted his chair, pulled out the mike system, and computers.

Refusing to allow withdrawal of cases, the Kerala High Court had said elected representatives were expected to uphold the prestige of the House or face consequences. Earlier, Thiruvananthapuram Chief Judicial Magistrate had denied permission to withdraw prosecution against the accused, including sitting ministers.

Now, citing legislative privileges under Article 194, the Kerala Government has contended: “The act of the accused persons being in relation to their function to protest as members of the legislative assembly the MLAs who are accused in this FIR, entitled to get protection under the Constitution,” argued the state government.

According to Article 194(2): “No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of such a Legislature of any report, paper, votes or proceedings”.

The Kerala Government argued that Articles 105(3) and 194(3) of the Constitution confers certain privileges and immunities to the members of Parliament and state legislature.

“Therefore, it is not proper for the Secretary of Legislative Assembly to file cases against the MLAs with regard to an incident happened on the floor of the House during the protest made by the opposition members, that too without the consent of the Speaker of the Assembly,” it said seeking a stay on the high court’s order.

“The FIR registered by the Secretary Legislative Assembly without the consent of the Speaker is wrong and therefore the application filed under section 321 CrPC is liable to be allowed,” it further submitted.