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Move to drop charges in Kerala House fracas ‘incomprehensible’: SC
Expressing its strong reservation on the conduct of the MLAs, who threw microphones, broke furniture and disrupted presentation of the budget, the bench remarked, “This is not their personal property."
The Supreme Court on Thursday said that Kerala government’s decision to drop criminal proceedings against a group of members MLAs, who threw furniture and destroyed public property during a House proceeding in March 2015, was “incomprehensible”.
The observations of the top court came while hearing separate appeals filed by the Kerala government and the accused MLAs against a March 12 order by the Kerala high court refusing to drop charges against the legislators. The bench reserved orders after hearing all sides.
Taking this to be a serious issue where a state government was seen defending the actions by the MLAs accused of criminal trespass, mischief, and destruction of public property, a bench of justices DY Chandrachud and MR Shah said, “We have to consider if the withdrawal of prosecution request (filed by the public prosecutor) was in the interest of public interest where MLAs have thrown furniture and desecrated the sanctum sanctorum of the House.”
Expressing its strong reservation on the conduct of the MLAs, who threw microphones, broke furniture and disrupted presentation of the budget, the bench remarked, “This is not their personal property. It is public property, and they are custodians of it in the public trust. It is incomprehensible what is the public interest being pleaded.” The incident in question took place on March 13, 2015.
Appearing for the state, senior advocate Ranjit Kumar said that the action fell within the domain of the House, over which the court cannot adjudicate. The bench said: “We do not doubt your freedom of speech in the House. But suppose an MLA empties a revolver in the assembly, will you still say that the House is supreme?”
