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Oppn attacks Kerala govt after SC verdict in 2015 assembly ruckus case
Thiruvananthapuram: The Communist Party of India (Marxist)-led Left Democratic Front government in Kerala suffered a major jolt on Wednesday after its plea to withdraw cases against some of its legislators in connection with a ruckus in the state assembly in 2015 was rejected by the Supreme Court, which said allowing prosecution to be withdrawn would amount to interference in normal course of justice for “illegitimate reasons”
Thiruvananthapuram: The Communist Party of India (Marxist)-led Left Democratic Front government in Kerala suffered a major jolt on Wednesday after its plea to withdraw cases against some of its legislators in connection with a ruckus in the state assembly in 2015 was rejected by the Supreme Court, which said allowing prosecution to be withdrawn would amount to interference in normal course of justice for “illegitimate reasons”.
Soon after the apex court order, the opposition parties in Kerala stepped up pressure for the resignation of state education minister V Sivankutty, who is one of the six accused in the case.
Senior Congress leader and leader of the opposition in assembly VD Satheesan said, “He holds the education portfolio. What message the government will give to students if it allows him to cling on to power.”
“He has no right to continue in power. It is a big paradox that the man who destroyed assembly property is still in the House,” said Kerala Congress chief K Sudhakaran.
Bharatiya Janata Party (BJP) Kerala unit president K Surendran said, “As the main accused in the case he has lost moral authority to continue in Cabinet.”
However, the ruling party defended the minister, saying he will face the trial as the apex court did not get into the merit of the case. “It is not the final verdict. All accused will face the trial,” said CPI(M) acting secretary A Vijayaraghavan.
Sivankutty also said he was ready to face judicial proceedings. “A Communist’s life is full of struggle and revolts. I have waged numerous strikes and struggles since my school days. I will face this case also,” he said in the state capital.
The Kerala House witnessed violent incidents in March 2015 after LDF legislators, then in the opposition, tried to prevent then finance minister KM Mani from presenting the budget . Angry lawmakers snapped mikes, threw chairs, destroyed furniture and damaged lights in the melee, which also resulted in two legislators landing up in hospital. The session was being broadcast live when violence took place and property worth ₹2.20 lakh was destroyed in the ruckus.
After coming to power in 2016, the LDF government tried to withdraw the case, only for a local court to reject it. The Pinarayi Vijayan government then moved the high court, which also turned down its plea. The government also invoked the privilege of legislators and public interest to justify its decision to withdraw the case, but the high court rejected it saying privilege was not a licence to carry out violence in the House.
The Supreme Court on Wednesday also upheld the lower court’s verdict and directed all accused to face criminal proceedings. The apex court said acts of destruction of public property cannot be equated with either the freedom of speech of the legislator or with forms of protest legitimately available to the members of opposition.
“Privileges and immunities are not gateway to claim exemption from the general law of the land, particularly as in this case the criminal law which governs the action of every citizen,” a bench of justices DY Chandrachud and M R Shah said.
All six accused , V Sivankutty, K T Jaleel, E P Jayarajan, C K Sadasivan, Kunahmed Master and K Ajith , were charged under the prevention of damage to public property act and other provisions. Out of six, Sivankutty and Jaleel are sitting MLAs.
