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Kerala may withdraw its plea in assembly violence case: Counsel

Thiruvananthapuram: After a series of setbacks in courts, the Kerala government is planning to withdraw its petition seeking quashing of the case related to the violent incidents in the state assembly in March 2015, said a senior counsel close to the government

Published on: Jul 12, 2021 12:10 AM IST
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Thiruvananthapuram: After a series of setbacks in courts, the Kerala government is planning to withdraw its petition seeking quashing of the case related to the violent incidents in the state assembly in March 2015, said a senior counsel close to the government.

HT Image
HT Image

Last week the Supreme Court had slammed the government for seeking permission to withdraw the case against six legislators and adjourned its petition for further hearing on July 15.

According to the counsel, the government fears that more adverse remarks are likely during the hearing stage and it got legal advice that it is better to withdraw the petition and proceed with the case in the trial court. But legal experts said even if the government wants to withdraw the petition at this juncture, it needs permission of the apex court.

Earlier the chief judicial magistrate court in Thiruvananthapuram and the Kerala high court had turned down the government’s plea to withdraw the case. The government later moved the Supreme Court, which also passed serious observations. While hearing the plea, the apex court said it can’t condone destruction of public property by legislators in the House and asked the petitioner what message it will give it to people.

The case also ruffled feathers of one of the allies of the ruling Left Democratic Front, Kerala Congress (Mani). During the hearing of the petition in the apex court, the counsel for the Kerala government had reportedly said protests on the floor of the House was a natural one against a corrupt politician, a reference to then finance minister KM Mani. But later CPI(M) leaders pacified the agitated KC (M), saying a section of the media misquoted the counsel.

The Kerala assembly had witnessed violent incidents in March 2015 after then opposition LDF legislators tried to prevent then finance minister KM Mani from presenting the state budget, alleging his role in the bar bribery case. Angry members snapped mikes, threw chairs, destroyed furniture and damaged lights in the melee, and two legislators were later hospitalised. The session was live when violence took place in the House.

Then Speaker N Sakthan later filed a police complaint against six LDF legislators, and one of them, V Sivankutty, is the education minister in the Pinarayi Vijayan ministry and KT Jaleel is a sitting member. In his complaint, the Speaker said property worth 2.20 lakh was damaged and the legislators brought shame to the House.

After the LDF came to the power in 2016, it tried to withdraw the case, but a local court rejected it. Then the government moved the high court, which also turned down its plea. The government had invoked the privilege of legislators to justify its decision to withdraw the case, but the high court rejected it, saying privilege was not a licence to carry out violent activities in the House.

During a discussion in the assembly last year, chief minister Pinarayi Vijayan had blamed the Congress-led UDF for dragging an assembly issue to the court. Later former opposition leader Ramesh Chennithala also joined the case as a party. After the death of KM Mani in 2019, his party split and his son took the major faction to the LDF camp. A predominant Christian party, Kerala Congress (Mani)’s foray into the LDF had helped it win many seats in Christian-dominated areas, but now the CPI(M) is forced to swallow its earlier charges against KM Mani.

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