SC dismisses Kerala Govt's plea to drop cases against CPI(M) MLAs who vandalised assembly

Satya Prakash
Tribune News Service
New Delhi, July 28

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Holding that elected representatives were not above the law, the Supreme Court on Wednesday dismissed the Kerala Government’s plea for permission to withdraw criminal cases against CPI(M) MLAs who allegedly vandalised the state assembly in 2015.

“Privileges and immunity is not a gate to claim exemption from criminal law and that would be a betrayal to the citizens. Immunity of members from criminal law is for the purpose of enabling them to perform functions without hindrance, fear or favour,” a Bench led by Justice DY Chandrachud said.

The order came on the Kerala Government’s petition seeking permission to withdraw criminal cases against CPI(M) leaders, including the state’s Education Minister V Sivankutty, for alleged vandalism on the floor of the state assembly in 2015, when the party was in the opposition.

“Members are required to stay true to their oath and immunity is to help them discharge their functions freely. Privileges and immunity is not a mark of status which makes them stand on an unequal footing,” the top court said.

“Committing destruction of property in the assembly cannot be equated to freedom of speech in the house. Allowing withdrawal of cases under these circumstances would amount to interference with the normal course of justice for illegitimate reasons,” it ruled.

Rejecting the state’s plea claiming immunity under Article 194 of the Constitution that grants certain legislative privileges to members of any legislative assembly, the Bench said the act of the accused MLAs crossed constitutional limits and can’t be covered under the immunity granted to lawmakers by the Constitution from criminal prosecution for acts done on the floor of the house.

“Prima facie we have to take a strict view of this kind of behaviour. We will not condone this kind of behaviour of MLAs who, on the floor of the House, throw mic and destroy public property,” the Bench had earlier said during the hearing.

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.

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,” the state government had contended.